Trespassing in Arizona: ARS 13-1502

Learn about what trespassing means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.

Trespassing in violation of ARS 13-1502 could result in probation, fines, or jail time. If someone is caught committing this crime, it may be classified in the first, second, or third degree, and first is the most serious.

Everyone has seen the signs that warn against trespassing in residential and commercial areas. But property boundaries don’t always have obvious signs with “No Trespassing” or “Do Not Enter” posted on them. So, what qualifies as trespassing, and what are the potential consequences of this crime?

Criminal Trespass under ARS 13-1502

Per ARS 13-1502, third-degree criminal trespassing happens when someone has been requested to leave a property by its owner or another individual with lawful control and has refused to comply. The person must have been reasonably requested to leave by someone with authority, like a police officer.

Third-degree trespassing can happen when someone violates a “No Trespassing” sign. It can also occur when someone remains on train tracks or railroad company property unlawfully. This is a class 3 misdemeanor that can result in a fine of $500 or less (plus a surcharge) and up to 30 days in jail.

Third vs. First and Second-Degree Trespassing

First and second-degree trespassing are, as stated before, more serious than third-degree. Here is what those charges involve:

Defacing Religious Symbols

Criminal trespassing is “first-degree” when it involves defacing religious symbols, such as “cross burning.” It also includes entering or staying in a critical public service or residential area unlawfully.

If it’s the offender’s first offense, it can result in a class 6 felony and up to a year in jail, or 4 months to two years of incarceration.

Looking into a Residential Space

If the offender was “peeping” (looking into someone’s residential structure), it could result in a class 1 misdemeanor as this is considered recklessly disregarding or infringing on the resident’s right to privacy. They may get a class 1 misdemeanor if they entered or remained in a fenced residential space unlawfully, as well.

Illegal Mining

Criminal trespassing also includes entering or remaining on a property that has a valid mineral claim, for illegal mining purposes without a legal mineral claim. The accused must have knowingly and unlawfully entered the property with an intention to take, hold, work on, or search for minerals on the lease or claim.

Punishment for a class 1 misdemeanor can be up to 6 months in jail, probation, and a fine of $2,500 or less (plus a surcharge). Second-degree criminal trespassing might result in a class 2 misdemeanor which carries a penalty of up to 4 months of jail time, probation, and a $750 fine plus a surcharge.

Criminal Trespass Defenses

As with any other crime, there are a number of special circumstances that could change the nature of the charge and decide whether the accused is convicted.

A common defense for this charge is that the accused didn’t possess the “requisite intent” to commit trespassing. This can be proved by showing that they were unaware of unlawfully remaining on or entering the property in question. To put it simply, they believed they were allowed to do so. Someone may have a solid defense for this crime if:

They weren’t Properly Informed

The offender may have never been properly informed of the unlawfulness of entering the space or the fact that they needed to leave it. In order for the request to be valid, the offender must have been given reasonable warning.

If the forbidden area is near a park or local church, for instance, someone could have accidentally missed the “No Trespassing” sign. This can easily happen with overgrown foliage or an inconspicuous sign.

Signs like this should be posted somewhere obvious and visible to everyone. If someone entered a restricted area from an entrance that was far away from the “No Trespassing” sign, it’s perfectly possible that they entered unaware of the rule.

The Requester didn’t have Authority

Another possible defense for third-degree trespassing is that the person asking the accused to leave didn’t have the authority to do so. This situation can occur if someone has been invited to someone else’s house and another person present at the house asks the accused to leave.

In this case, all present witnesses may be interviewed to make a timeline showing who gave the accused permission, when permission was given, who tried to revoke this permission and when. The charge may be dropped if the defendant has demonstrable good character and if the reporting individual has a tendency to overreact.

Need help with a trespassing charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free. 

To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.