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 Oregon, criminal trespass is defined under ORS 164.245 and ORS 164.255. A person commits the offense of criminal trespass in the second degree if they enter or remain unlawfully in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so. This is a Class C misdemeanor. Criminal trespass in the first degree occurs if the person enters or remains unlawfully in a dwelling or if, having been denied entry to a building by a peace officer or owner, the person enters or remains in the building. It also applies if a person, with intent to commit a crime, enters or remains in a motor vehicle. This is a Class A misdemeanor. Enhanced penalties may apply if the trespass occurs on agricultural land or if the trespasser uses a motor vehicle, among other circumstances. It is important for individuals to understand that consent is required to enter private property, and failure to leave upon receiving notice can lead to criminal charges.