Penalty for Trespassing

Recently I received a question related to Trespassing and the penalty for trespassing.  I decided to include it here as there is an issue with Trespassing and Concealed Carry in Arizona.  If permit holder were to bring a concealed firearm on private property when the owner has prohibited firearms on their private property, the permit holder could be charged with criminal trespass.

To give a complete explanation, let’s identify the three types of trespassing in Arizona.  

The least serious is Criminal Trespass in the Third Degree.  A person commits this crime when they  knowingly enter or remain unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over the property.  It can also occur when someone enters the property after having been given reasonable notice of prohibited entry (a “no trespassing” sign).  This is a class 3 misdemeanor punishable by a fine of up to $500 and up to 30 days in jail.

The next level is Criminal Trespass in the Second Degree.  This is basically the same as Third Degree Trespass, except that it refers to any non-residential structure or fenced commercial yard.  This is a class 2 misdemeanor punishable by a fine of up to $750 and 4 months in jail.

The most serious is Criminal Trespass in the First Degree.  A person commits Criminal Trespass in the First Degree when that person knowingly

1. Enters or remains unlawfully in or on a residential structure.

2. Enters or remains unlawfully on the property of another and burns, defaces, mutilates, or other wise desecrates a religious symbol or other religious property of another without the express permission of the property owner.

3. Enters or remains unlawfully in or on a critical public service facility.

Any of these first three are considered to be a Class 6 Felony and are punishable by up to 1.5 years in prison and up to $150,000 in fines.

There are three other things that are also considered to be Criminal Trespass in the First Degree, but these three are considered to be a Class 1 Misdemeanor.  They are:

1. Entering or remaining unlawfully in a fenced residential yard.

2. Entering any residential yard and, without lawful authority, looking into the residential structure with reckless disregard for the inhabitant’s privacy (Peeping Tom)

3.  Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

A Class 1 Misdemeanor is punishable by up to 6 months in jail and a maximum of a $2500 fine. 

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