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 Jersey, criminal trespass is defined under N.J.S.A. 2C:18-3 and occurs when a person enters or remains in a place where they are not licensed or privileged to be. This includes residential or commercial buildings, structures, or separately secured or occupied portions thereof, as well as fenced or enclosed lands. A person can be charged with criminal trespass in New Jersey if they enter or remain on property after being given notice against trespass by communication, posting, fencing, or other enclosure manifestly designed to exclude intruders. Criminal trespass in New Jersey is typically classified as a petty disorderly persons offense or a disorderly persons offense, depending on the circumstances, such as whether the trespass occurred in a dwelling or research facility. However, it can be elevated to a fourth-degree crime if the trespasser peeks into windows or other openings of a dwelling or structure adapted for overnight accommodation. Penalties for criminal trespass can include fines, community service, and imprisonment.