A person commits the offense of criminal trespass or criminal trespassing by entering or remaining on the property of another—including residential land, agricultural land, recreational land (such as a vehicle park), a building, an aircraft, or an automobile—without consent and if the person (1) had notice that the entry was forbidden, or (2) received notice to depart, but failed to do so.
The definitions and penalties for criminal trespassing vary from state to state and are usually located in a state’s penal or criminal code (statutes).
In Nebraska, criminal trespass is defined under Nebraska Revised Statute 28-520. A person commits criminal trespass if they enter and remain on the property of another without authorization after having been notified that entry is forbidden, or if they fail to leave after being asked to do so. This applies to various types of property, including residential, agricultural, recreational, as well as vehicles and buildings. The offense can be classified as either a Class I misdemeanor or a Class III misdemeanor, depending on the circumstances, such as whether the property was a dwelling or whether the trespasser was armed. Penalties for a Class I misdemeanor can include a fine up to $1,000, imprisonment for up to one year, or both; while a Class III misdemeanor may result in a fine up to $500, imprisonment for up to three months, or both. It is important for individuals to understand that the specifics of the law and the penalties can be complex, and consulting with an attorney can provide guidance tailored to the particular situation.