Trespass occurs when someone enters or remains on someone else’s property illegally. Arizona law stipulates that there are three degrees of criminal trespass: first degree, second degree, and third degree. First-degree trespass is punishable as a felony or a misdemeanor, but second-degree and third-degree trespass are both considered misdemeanors.
As a homeowner, perhaps one of the greatest parts about having your own place is inviting other people over for a backyard barbeque, birthday party, or holiday celebration. But, what about uninvited guests? No, we’re not talking about termites or other pests, we mean trespassers.
If you’re an Arizona homeowner, you should know a thing or two about Arizona’s trespassing laws so that you can better protect your property. And Jerry
, the trustworthy insurance comparison app
, is here to guide you through them! We’ll go over the legal definition of trespass in Arizona, the different degrees of trespass, how to protect your home from would-be trespassers, and how to find the right homeowners insurance
policy. What’s defined as criminal trespass in Arizona?
There are three degrees of criminal trespass in Arizona with third-degree trespass being the most minor and first-degree trespass being the most severe. The definitions, according to the Arizona Revised Statutes, are as follows:
First degree: entering and remaining unlawfully on or in a residential structure, critical public service facility, fenced residential yard, residential yard that looks into a residential structure, or real property that has a mineral claim or lease; entering and remaining unlawfully on a property and defacing another person’s religious item without the owner’s permission
Second degree: knowingly entering and remaining unlawfully on or in a nonresidential structure or fenced commercial yard
Third degree: knowingly entering and remaining unlawfully on any real piece of property after being requested to leave or ignoring a posted sign warning of trespass; knowingly entering and remaining unlawfully on the right-of-way for tracks, storage, or rolling stock of a railroad company
What are the consequences of criminal trespassing charges in Arizona?
Now that you’ve got a grasp on the three degrees of criminal trespass in Arizona, let’s dive a little deeper into the different criminal trespassing laws and the kinds of consequences they carry.
First-degree trespass
First-degree trespass is considered a felony when someone enters or remains unlawfully in a residential structure, or when they do what’s called “cross burning.” Cross-burning occurs when someone enters or remains on another person’s property with the intent of burning or otherwise defacing a religious symbol or other religious property.
These kinds of first-degree trespass are considered class 6 felonies and are punishable by up to 18 months in prison and/or up to $150,000 in fines.
Entering and remaining unlawfully in a critical public service facility—like a police station, fire station, hospital, or waste treatment facility—is considered a class 5 felony. This carries a possible punishment of up to two years in prison and/or up to $150,000 in fines.
However, first-degree trespass is not always a felony. It’s considered a class 1 misdemeanor if the trespasser enters a fenced residential yard, if the trespasser enters any residential yard and looks directly into a residential structure, or if the trespasser enters any real property that has a valid mineral claim with the intent to hold, work, or take minerals from the claim or lease. For this kind of trespass, you can be jailed for up to six months and/or pay a fine of up to $2,500, plus surcharges.
Second-degree trespass
The consequences for second-degree trespass in Arizona are much more straightforward than they are for first-degree. Criminal trespass in the second degree is a class 2 misdemeanor that carries up to four months of jail time and/or up to $750 in fines.
Third-degree trespass
Third-degree trespass is the most minor. It is a class 3 misdemeanor that is punishable by up to 30 days in prison and/or up to a $500 fine.
How to protect your property against trespassing
One of the most common defenses of trespassing is that the offender didn’t know they were trespassing. That, or they simply wandered onto the property with no knowledge that it belonged to someone else.
So, if you’re an Arizona property holder, the best thing you can do to protect yourself against trespassing is by putting up a “No Trespassing” sign. Make sure that your sign is visible and legible. And, if need be, you can put up multiple signs along your property’s border.
Find the best homeowners insurance without the hassle
A sign may be all you need to legally cover your bases when it comes to trespassers. But what about everything else? After all, a wildfire or tornado isn’t going to respect a sign that says “No Natural Disasters.”
The answer? Getting a great home insurance
policy. And with Jerry
, doing so has never been faster or easier. Jerry contacts your home insurance company to get the details of your current coverage, so you don’t have to scale a mountain of questions. Then, they’ll use that information to find you new quotes based on your current information. You get all the best prices and coverage with none of the legwork. “WOW. Jerry
has been so easy to use. I called a representative when I wanted some clarification, and they walked me through the entire process.” —Beth G.
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