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 York, criminal trespass is defined under the New York Penal Law, and it occurs when a person knowingly enters or remains unlawfully in or upon premises. The law categorizes criminal trespass into degrees based on the circumstances of the offense. For example, third-degree criminal trespass is a basic form of the crime and is considered a class B misdemeanor. This occurs when a person enters or remains unlawfully upon premises. Second-degree criminal trespass involves entering or remaining in a dwelling and is a class A misdemeanor. First-degree criminal trespass involves entering or remaining in a building with a deadly weapon and is a class D felony. Additionally, there is a charge of criminal trespass with a firearm, which is a specific offense under New York law. Penalties for criminal trespass in New York can range from fines to imprisonment, depending on the degree of the offense and other factors such as prior criminal history or the presence of aggravating circumstances.