What to Know About Trespassing Laws in Connecticut
There are three degrees of criminal trespass in Connecticut—here’s what to know.
Written by Kathryn Mae Kurlychek
Reviewed by Claire Beaney
Connecticut law defines three degrees of criminal trespass, all of which are considered misdemeanor charges that could result in penalties such as expensive fines or jail time.
One of the best ways for homeowners in Connecticut to protect their property is by understanding the state’s trespassing laws. In Connecticut, there are three distinct levels of criminal trespass—first-degree, second-degree, and third-degree—that each result in serious consequences.
But in some cases, the responsibility of keeping trespassers off of the property falls on the shoulders of the property owner, so knowing what the law says can help keep you from being liable in instances of trespass.
Don’t worry about digging through statutes or decoding legal jargon yourself—
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What does Connecticut law define as criminal trespass?
The Connecticut General Statutes includes three degrees of criminal trespass, which vary in seriousness based on the level of intent. Below, we take a closer look at each type of trespass included under Connecticut state law, including how they differ from one another and what the consequences are for each.
Simple trespass
The least serious trespassing charge under Connecticut law is simple trespass, which is defined as entering or remaining within any premises without any intent to harm the property. If you’re caught accidentally trespassing, you could face a simple trespass charge, which is an infraction under state law and may have a $77+ fine attached as a penalty.
First degree
By contrast, criminal trespass in the first degree is the most serious trespassing charge and occurs when a person knowingly enters or remains on or within the private property after expressly being told to leave by the property owner. In other words, if the owner of the premises (or another authorized person) has told you to stay away, but you intentionally enter the premises anyways, you could be facing first degree criminal trespassing charges.
The law also extends to individuals who enter or remain on private premises in direct violation of a restraining order, protective order, or foreign order of protection, along with individuals who enter onto public land after being ordered to leave by state or municipal authorities.
In Connecticut, criminal trespass in the first degree is a Class A misdemeanor and could result in up to a year of jail time, a fine of up to $2,000, or both.
Second degree
Second-degree criminal trespass is slightly less serious than first-degree criminal trespass, but the penalties can still be serious.
According to the law, an individual commits criminal trespass in the second degree if they enter onto a property, remain in a building, or on public land despite knowing they are neither privileged nor licensed to be there.
In other words, an individual who hops a fence or ignores obvious “no trespassing” signs in order to gain access to a property could be convicted of criminal trespass in the second degree—since that person would be intentionally ignoring the signs to stay away. Second-degree criminal trespass is a Class B misdemeanor, punishable by up to six months in prison and a fine of $1,000.
Third degree
Charges of third-degree criminal trespass are usually related to trespassing that occurs on public land. Specifically, individuals who trespass on private land for the purpose of hunting or fishing (despite posted signage or the presence of a fence) are guilty of committing criminal trespass in the third degree. This also extends to trespassing that occurs on the grounds of a state institution, such as a government building.
A third-degree criminal trespass charge is a Class C misdemeanor, punishable by up to three months in jail, a $500 fine, or both.
What are the consequences of trespassing in Connecticut?
In Connecticut, criminal trespass is a misdemeanor no matter the degree of the charge.
In certain cases, such as in accidental trespassing cases, charges may be reduced to an infraction—while in other, more serious instances (like home invasion) trespassing could even be raised to a burglary charge, which is a Class B felony.
If you’ve been charged with criminal trespass at any level, it’s best to seek legal advice from a criminal defense lawyer, who can help you understand your rights and advocate to have your charges reduced. But if you’re below the age of 16, the consequences for trespassing may be slightly different.
Consequences for juveniles and teenagers
Connecticut considers any youths under the age of 16 to be juveniles in the state’s courts, and therefore subject to less serious punishments. But teenagers caught trespassing can still face consequences—including juvenile detention, placement in a juvenile institution, home arrest, community service or restitution work, or probation.
However, the law does make certain exceptions, particularly for young minors.
Under the state’s “Restatement of Torts” rule, if a homeowner knows or has reason to believe children may trespass on their property, it is the owner’s responsibility to correct potentially dangerous or harmful conditions.
Because kids can’t always be held accountable to the same extent as adults for their actions, the onus of protecting dangerous areas of private property from trespass falls on the property owner.
How to protect your property against trespassing in Connecticut
If you’re a property owner in Connecticut, you have a right to prohibit people from entering the premises—and a responsibility to prevent trespassing children. Here are the best ways to protect your property from trespassers:
- Post signs. Putting up conspicuous “no trespassing” signs that are easy to read and clearly visible can help ward off would-be trespassers, and protect you in the event of a legal defense.
- Build an enclosure. Fencing in your property is another way to keep trespassers at bay.
- Communicate directly with trespassers. If you catch a trespasser in the act, you can let them know verbally that they aren’t welcome on the property.
- Administer written notice. Even better than verbal communication is communication via written notice. You can present any trespassers with a written notice to stay away from your property (be sure to keep a copy for your own records).
- File a police report. If trespassing on your property continues, you can contact local law enforcement to file a police report and potentially take your case to court.
In extreme cases, Connecticut law may permit the use of physical force to defend private property.
However, typical trespassing charges don’t justify such force—unless a person enters your property with the intention to cause harm—so you should never count on the use of physical force to keep trespassers away. In fact, intentionally setting traps for trespassers is illegal in Connecticut.
Whatever you choose to do, be sure to follow the proper legal channels in your state.
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FAQs
What is the trespassing law in Connecticut?
Criminal trespass is defined at varying levels under Connecticut state law, all of which are considered misdemeanor crimes. At every level of criminal trespass (first-degree, second-degree, and third-degree) you could face jail time and expensive fines. In certain cases, criminal trespass charges may be reduced to simple trespass instead, which lessens the severity of the crime from a misdemeanor to an infraction.
Can you be detained for trespass?
Yes, criminal trespass is a jailable offense in Connecticut, and you may be detained or arrested if caught committing the crime.
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