ARS § 13-1504 is the Arizona statute that defines the crime of first-degree criminal trespass. People commit this offense when they knowingly enter someone else’s property without permission or unlawfully remain on certain pieces of real property without permission. A violation of this law can lead to a Class 5 felony punishable by up to four years in state prison.

Note that Arizona State law divides criminal trespassing into three different degrees. These are first-degree (the most severe crime of the three), criminal trespass in the second degree under ARS 13-1503, and criminal trespass in the third degree under ARS 13-1502 (the least severe).

The language of ARS 13-1504 states that:

A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon…
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease…
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property…

1. Entering or remaining unlawfully in or on a critical public service facility.

Examples

• remaining on a person’s personal property without permission.
• entering a residential fenced yard when there are “No Trespassing” signs posted.
• entering someone’s property and defacing a religious symbol.

Defenses

Criminal defense lawyers draw upon several legal strategies to defend against trespass charges. Some of these include showing that defendants:

• did not act knowingly,
• had the express permission of the owner of the property to be on the land, and/or
• did not remain on the property.

Penalties

Depending on the facts of the case, a violation of ARS 13-1504 can be charged as a:

• Class 5 felony (punishable by up to four years in state prison,
• Class 6 felony (punishable by up to 1 year and six months in prison), or
• Class 1 misdemeanor (punishable by up to six months in jail).

In this article, our criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.

1. How does Arizona law define “first-degree criminal trespass”?

ARS 13-1504 says people are guilty of first-degree trespass if they knowingly:

1. enter or unlawfully remain in or on a residential structure (as opposed to a nonresidential structure),ⁱ
2. enter or unlawfully remain in a fenced residential yard (as opposed to a commercial yard),
3. enter a residential yard and look into the residential structure, thereby violating the inhabitant’s right of privacy,ⁱⁱ
4. enter 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,
5. enter or remain on another’s property and burn, deface, or manipulate a religious symbol without the owner’s permission, or
6. enter or unlawfully remain in or on a critical public service facility.ⁱⁱⁱ

2. Are there defenses to charges under ARS 13-1504?

Arizona laws say that defendants have the right to challenge trespassing charges with a legal defense. Three common defenses include defendants showing that they:

1. did not act knowingly.
2. had permission to be on the property in question.
3. did not remain on the property in question.

2.1 No knowledge

People are only guilty of first-degree trespass if they knowingly go on another person’s property without permission. A defense, then, is for accused people to show that they did not know they were on someone else’s land.

2.2 Permission

Defendants are not guilty of trespass if they get the permission of a property owner to be on their land. This means it is always a defense for an accused to show that he/she had a property owner’s consent to be on their property.

2.3 Did not remain

People often violate this statute by unlawfully remaining on someone else’s property. Therefore, a defendant can try to avoid guilt by saying that he/she did not remain on someone’s land. Perhaps, for example, he/she realized it was another’s property after some reasonable notice and quickly left; or, left after the owner made a reasonable request to do so.

3. What are the penalties?

The State of Arizona treats criminal trespass as a serious offense.

Depending on the facts of the case, a violation of ARS 13-1504 can be charged as a:

• Class 5 felony, punishable by up to four years in state prison,
• Class 6 felony, punishable by up to 1 year and six months in prison, or
• Class 1 misdemeanor, punishable by up to six months in jail.

Note that in some cases a judge may have the discretion to impose probation in lieu of jail or prison time.

4. Are there related crimes?

There are three crimes related to first-degree criminal trespass. These are:

1. burglary – ARS 13-1501-ARS 13-1508,
2. criminal damage – ARS 13-1602, and
3. stalking – ARS 13-2923.

4.1 Burglary – ARS 13-1501-ARS 13-1508

Under the above statutes, Arizona defines burglary as the entering or remaining unlawfully in a structure or property with the intent to commit theft or any other felony.

As with trespass, Arizona law says there are three degrees of burglary – first degree burglary (the most severe of the three), second degree burglary, and third-degree burglary (the least severe).

4.2 Criminal damage – ARS 13-1602

ARS 13-1602 is the Arizona statute that says it is a crime to recklessly commit certain acts, like:

• defacing another person’s property, or
• tampering with another person’s property so that its value or function is substantially impaired.

Note that if a person enters another’s real property without permission, and then damages some other property while on the land, law enforcement can charge the party with both:

• ARS 13-1602, criminal damage, and
• ARS 13-1504, first-degree trespass.

4.3 Stalking – ARS 13-2923

ARS 13-2923 is the Arizona statute that says a person commits the offense of stalking if he/she engages in conduct that results in the “victim” suffering emotional distress or fear of injury or property damage.

Unlike with trespassing, stalking is always charged as a felony.

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