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 Washington State, criminal trespassing is defined under RCW 9A.52.070 and RCW 9A.52.080. A person commits the offense of criminal trespass in the first degree (RCW 9A.52.070) by knowingly entering or remaining unlawfully in a building. This is a gross misdemeanor. Criminal trespass in the second degree (RCW 9A.52.080) occurs when a person knowingly enters or remains unlawfully on premises of another under circumstances not constituting criminal trespass in the first degree. This is a misdemeanor. The 'knowingly' element means that the person is aware that they are not allowed to enter or remain on the property. Signs or fencing can provide notice that entry is forbidden. If a person is given verbal or written notice to leave by the owner, occupant, or authorized agent and fails to do so, they can also be charged with trespassing. Penalties for criminal trespassing can include fines, imprisonment, or both, depending on the degree of the offense and other factors such as prior criminal history.