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 Wisconsin, criminal trespass is defined under Wisconsin Statutes section 943.13 and 943.14, which cover trespass to land and criminal trespass to dwellings, respectively. A person may be charged with criminal trespass if they enter or remain on someone else's property without permission and after having been notified that their entry is forbidden or after being told to leave. This includes various types of property such as residential, agricultural, recreational, as well as buildings and vehicles. The notice that entry is forbidden can be given through posted signs, verbal communication, or other means. Penalties for criminal trespass in Wisconsin can range from a Class B forfeiture to a Class A misdemeanor, depending on the circumstances of the trespass, such as whether it involved a dwelling, the intent of the trespasser, and any prior criminal history. Enhanced penalties may apply if the trespass is committed on certain types of property, such as energy provider property or if the trespasser is armed.