Criminal Trespassing Laws in Arizona (ARS § 13-1502)

Attorney Omer Gurion
Written By: Omer Gurion
10 min read
·
January 30, 2025

Picture coming home to find a stranger in your backyard. It’s an unsettling scenario that underscores the importance of understanding criminal trespassing laws in Arizona. In Arizona, these laws aim to protect property owners and maintain public safety. Whether you’re a homeowner concerned about your rights or simply want to avoid legal trouble, knowing the details of Arizona’s trespassing laws is key.

What are the trespassing laws in Arizona?

Arizona’s trespassing laws are outlined in Arizona Revised Statutes (ARS) § 13-1502, § 13-1503, and § 13-1504. These statutes define criminal trespassing, classify it into three degrees, and establish penalties for violations.

These laws cover a wide range of scenarios, from accidentally wandering onto private property to intentionally entering restricted areas. The severity of the offense depends on factors like the type of property involved and the circumstances surrounding the trespass.

Definition of Criminal Trespassing in Arizona

At its core, criminal trespassing in Arizona boils down to being somewhere you’re not supposed to be. It’s not just about hopping fences or breaking into buildings. Even lingering on someone’s property after being asked to leave can land you in hot water.

The key elements that make up criminal trespassing are:

  • Knowingly entering or remaining on property
  • Lacking permission or legal right to be there
  • Disregarding posted notices or verbal warnings

For clarity, the elements could be rephrased to more closely align with the statutory definitions, emphasizing the importance of ‘knowingly’ entering or remaining unlawfully. You don’t need to have bad intentions to be charged with trespassing. Even if you accidentally wander onto private property, you could potentially face charges if you’re not careful.

Classifications of Criminal Trespassing

Arizona law doesn’t take a one-size-fits-all approach to trespassing. Instead, it divides criminal trespassing into three categories, each with its own set of circumstances and potential consequences.

First Degree Criminal Trespassing

First degree trespassing is the most serious category of trespassing offenses. It typically involves:

  • Sneaking into someone’s home
  • Peeking into windows from a fenced yard
  • Trespassing to steal minerals (yes, that’s a thing)
  • Entering restricted areas like power plants or water treatment facilities

This is the most serious type of trespassing and is considered a class 6 felony. In other words, it’s not something you want on your record.

Second Degree Criminal Trespassing

Second degree trespassing is a step down in severity but remains a serious offense. You might be charged with this if you:

  • Enter a business or its fenced yard without permission
  • Wander into someone’s backyard (without playing Peeping Tom)

This is classified as a class 2 misdemeanor. It’s less severe than first degree, but it can still result in substantial legal consequences.

Third Degree Criminal Trespassing

The least severe form is third degree trespassing. You might run afoul of this law if you:

  • Refuse to leave a property when asked by the owner
  • Ignore “No Trespassing” signs or other clear warnings

While it’s the lowest level of criminal offense in Arizona, it’s still not something you want to mess with.

Elements of Criminal Trespassing

For prosecutors to prove criminal trespassing, they need to show that certain elements were present. It’s not enough to simply say, “Hey, that person was somewhere they shouldn’t have been!”

Knowingly Entering or Remaining Unlawfully

The first big piece of the puzzle is proving that you knew (or should have known) that you were somewhere off-limits. If you genuinely had no idea you were trespassing, you might have a valid defense.

For example, let’s say you’re hiking and accidentally wander onto private property with no fences or “No Trespassing” signs. In this case, you could argue that you had no way of knowing you were trespassing.

Types of Property Covered

Arizona’s trespassing laws cast a wide net when it comes to the types of property they cover. This includes:

  • Homes and yards
  • Businesses and their fenced areas
  • Critical facilities like power plants
  • Farmland
  • Schools
  • Places of worship

The type of property can affect how serious the charges are. Trespassing in someone’s home, for instance, is generally treated more severely than wandering onto unfenced land.

Penalties for Criminal Trespassing in Arizona

If you’re caught trespassing in Arizona, the consequences can vary widely depending on the severity of the offense and any other factors at play.

Penalties for First Degree Trespassing

As the most serious form of trespassing, first degree offenses come with the harshest penalties:

  • Up to 2 years behind bars
  • Fines that could set you back up to $150,000
  • Probation and community service

If it’s your first offense, you might be able to avoid prison time and get probation instead. But don’t count on it.

Penalties for Second Degree Trespassing

Second degree trespassing, while less severe, can still lead to some unpleasant consequences:

  • Up to 4 months in jail
  • Fines up to $750
  • Probation and community service

Penalties for Third Degree Trespassing

Even the least severe form of trespassing can cause you some grief:

  • Up to 30 days in jail
  • Fines up to $500
  • Probation and community service

To enhance accuracy, the statement could note that penalties may vary and are subject to judicial discretion. Keep in mind that if you’re a repeat offender, you might face stiffer penalties. Judges also have some wiggle room in sentencing based on the specific details of your case.

Legal Defenses Against Criminal Trespassing Charges

If you find yourself facing trespassing charges in Arizona, don’t panic. Depending on your situation, you might have some legal defenses available.

Lack of Intent

One common defense is showing that you didn’t mean to trespass. Maybe you got lost and wandered onto private property by mistake. If you can prove that you left as soon as you realized your error, this could be a solid defense.

Permission or Authorization

If you had permission to be on the property, even if it was implied rather than explicitly stated, this can be a strong defense. For example, if you’ve been invited to a friend’s house multiple times in the past, you might reasonably assume you’re welcome there.

Necessity or Emergency

Sometimes, trespassing might be justified by extraordinary circumstances. If you entered private property to escape danger or to help someone in distress, a court might view your actions more favorably.

Mistake of Fact

If you genuinely believed you had a right to be somewhere due to a misunderstanding, you might be able to use the “mistake of fact” defense. However, you’ll need to show that your belief was reasonable given the circumstances.

A more detailed explanation of each defense, including examples and statutory references, would enhance the accuracy and usefulness of the statement.

Property Owner Rights and Responsibilities

If you’re a property owner in Arizona, you have certain rights when it comes to preventing and reporting trespassing. But with those rights come some responsibilities.

Posting “No Trespassing” Signs

While it’s not strictly required by law, putting up clear “No Trespassing” signs can help protect your property. These signs should be visible and placed regularly around your property’s boundaries.

Fencing and Securing Property

Properly fencing and securing your property can deter would-be trespassers and strengthen your legal position if someone does trespass. This is especially important for homes and businesses.

Verbal Warnings and Requests to Leave

As a property owner, you have the right to ask someone to leave your property. If they refuse, they could be charged with trespassing even if you don’t have any signs posted.

Aggravating Factors in Trespassing Cases

Certain circumstances can make a trespassing case more serious, potentially leading to harsher penalties or additional charges.

Possession of Weapons

If you’re caught trespassing while carrying a weapon, especially a firearm, you could be in for a world of trouble. This can markedly increase the severity of the charges and potential penalties.

Intent to Commit Other Crimes

Trespassing with the intention of committing another crime, like theft or vandalism, can result in more serious charges beyond simple trespassing.

Repeated Offenses

If you’re a repeat offender, the courts are likely to impose maximum penalties. Multiple trespassing offenses can lead to enhanced penalties and may be treated more severely.

Impact of Criminal Trespassing Charges

Being charged with criminal trespassing can have consequences that reach far beyond legal penalties.

Criminal Record

A trespassing conviction can substantially impact your reputation and future opportunities.

Employment and Housing Consequences

Many employers and landlords run background checks, and a trespassing conviction could make it harder to land a job or rent a place to live. It’s not impossible, but it can definitely complicate things.

Immigration Consequences

For non-citizens, a criminal trespassing conviction could potentially throw a wrench in your immigration status or citizenship applications. It’s definitely not something to take lightly.

Related Arizona Laws and Statutes

Trespassing doesn’t exist in a vacuum. Several other Arizona laws often intersect with or relate to criminal trespassing cases.

Burglary

Burglary (ARS § 13-1506 to § 13-1508) involves entering or remaining unlawfully in a structure with the intent to commit a theft or felony. It’s like trespassing’s more serious cousin.

Criminal Damage

Criminal damage (ARS § 13-1602) occurs when someone recklessly defaces or damages property belonging to another person. This charge often tags along with trespassing cases where property damage occurred.

Disorderly Conduct

Disorderly conduct (ARS § 13-2904) can be charged alongside trespassing if you were causing a ruckus while on the property. It’s like adding insult to injury.

Seeking Legal Assistance for Trespassing Charges

If you’re facing criminal trespassing charges in Arizona, it’s wise to seek professional legal representation. A knowledgeable criminal defense attorney can help you understand your rights, explore potential defenses, and work towards the best possible outcome for your case.

Remember, every trespassing case is unique. The specific circumstances surrounding the incident can greatly impact the legal strategy and potential outcomes. An attorney can provide personalized advice based on the details of your situation and help navigate the complexities of Arizona’s criminal justice system.

By understanding Arizona’s trespassing laws and seeking proper legal guidance when needed, both property owners and the general public can better protect their rights and avoid legal complications related to criminal trespassing. Staying informed about these laws is key for maintaining a safe and respectful community while preserving individual property rights. After all, good fences (and good knowledge) make good neighbors.

Are You Dealing with Criminal Charges in Arizona? We Can Help

If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.

Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.

Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.

Omer Gurion

Omer Gurion

Criminal Defense Attorney, Gurion Legal

Omer Gurion graduated from Arizona State University with a B.S. in Political Science magna cum laude, before studying law at the Sandra Day O’Connor College of Law and graduating in 2010. He has been practicing criminal defense ever since.

He is the founding and managing partner at Gurion Legal, a Phoenix-based criminal defense law firm, where he now devotes his career to protecting the rights of Arizonans who are contending with the criminal justice system and those who are injured by the negligence of others.