{"id":21120,"date":"2023-04-05T15:15:41","date_gmt":"2023-04-05T22:15:41","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=21120"},"modified":"2024-09-19T08:41:26","modified_gmt":"2024-09-19T15:41:26","slug":"third-degree-trespassing-ars-13-1502","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/third-degree-trespassing-ars-13-1502\/","title":{"rendered":"Third Degree Trespassing in Arizona: A.R.S. 13-1502"},"content":{"rendered":"

Criminal trespass involves knowingly entering another person\u2019s property or land without permission. Arizona Revised Statutes (ARS) \u00a713-1502<\/a> is defined as criminal trespassing in the third degree.<\/p>\n

A person is committing criminal trespassing in the third degree if they knowingly enter or remain on property unlawfully after a request to leave by the property\u2019s owner, law enforcement, or another person who has lawful control over the property. A person also commits criminal trespass in the third degree if they knowingly enter or remain unlawfully on the right-of-way for storage, tracks, rolling stocks, or switching yards of a railroad company.<\/p>\n

Trespassing is considered a serious crime in Arizona and can carry stiff penalties. It is important to understand what qualifies as trespassing, the penalties of this crime, and how to defend yourself against a charge of criminal trespassing.<\/p>\n

What Is Trespassing in Arizona?<\/h2>\n

Third-degree criminal trespassing is a common offense that occurs when a person does not comply when asked to leave a property by the property\u2019s owner or another person with lawful control over the property.<\/p>\n

To be charged with trespassing under ARS 13-1502, the alleged offender must have been reasonably requested to leave the property by a person with authority, such as a police officer.<\/p>\n

The crime of third-degree trespassing can also occur when a person violates a \u201cNo Trespassing\u201d or \u201cDo Not Enter\u201d sign. While trespassing in the third degree is the most commonly charged offense, trespassing can also occur in the second and first degree.<\/p>\n

What are the Degrees of Trespassing?<\/h2>\n

Trespassing on residential or commercial property in Arizona is considered a crime and can result in a third-degree, second-degree, or first-degree conviction. Arizona recognizes three primary types of unlawful trespassing crimes as described below:<\/p>\n

1. Third Degree Trespassing<\/h3>\n

Criminal trespassing in the third degree is the least severe degree of trespassing in Arizona. This crime occurs when a person enters a real property and stays there even after being asked to leave by the property\u2019s owner, a law enforcement officer, or another person with lawful control over the property. Under third-degree trespassing, it is also illegal to enter or remain on the right-of-way for storage, switching yards, tracks, or rolling stock for a railroad company.<\/p>\n

2. Second Degree Trespassing<\/h3>\n

Second-degree trespassing in Arizona is defined under ARS \u00a713-1503 as a crime that occurs when a person enters or remains in a fenced yard of a non-residential or commercial building. What qualifies as a non-residential structure is quite broad but generally includes structures like retail establishments, factories, and office buildings. A non-residential structure can also include cars and Salvation Army collection boxes.<\/p>\n

3. First Degree Trespassing<\/h3>\n

First-degree criminal trespassing defined under ARS \u00a713-1504 occurs when a person knowingly enters or unlawfully remains in a fenced residential yard or a residential structure without permission. A person could be charged with first-degree trespassing if they enter a residential yard without authorization or looks into a residential structure due to the resident\u2019s right to privacy. Defacing, mutilating, burning, or otherwise desecrating any religious symbol or property is also covered.<\/p>\n

Penalties for Trespassing in Arizona<\/h2>\n

The penalties for trespassing in Arizona can differ based on the specifics of the crime and the degree of criminal trespassing the alleged offender is charged with by a judge. In Arizona, a person could face the following penalties if convicted of trespassing:<\/p>\n