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 New Hampshire, criminal trespass is defined under RSA 635:2 of the state's criminal code. A person is guilty of criminal trespass if they enter or remain in or on premises when they are not licensed or privileged to do so. This includes residential, agricultural, and recreational land, as well as buildings, aircraft, or automobiles. The individual must either have had notice that entry was forbidden or, if they were on the property lawfully, they must have failed to leave after being requested to do so. The notice can be given in various forms, including verbal communication, fencing or signage indicating private property, or by other means that clearly indicate that entry is not permitted. Penalties for criminal trespass in New Hampshire can range from a violation to a misdemeanor, depending on the circumstances of the trespass, such as whether it was in a dwelling place, or if it involved a firearm or other deadly weapon. Enhanced penalties may apply if the trespassing occurs in certain specified locations or under certain conditions.