A person commits trespassing when they enter another person’s property without permission. A person can be trespassing without realizing it; they do not need to know they have entered someone else’s property. Trespassing also occurs if a person causes an object to be placed, thrown, or pushed onto another’s property. Signs, fencing, or being told to leave are common ways someone knows they are trespassing.
Trespassing can be both a civil infraction and a crime. Criminal trespass is a crime and civil trespass is a lawsuit for damages. Arizona divides trespass into three degrees based on location and seriousness.
Criminal Trespass
First-degree trespass (A.R.S. § 13-1504): includes residential structures, fenced residential yards, and critical facilities which is generally the most serious.
Second-degree trespass (A.R.S. § 13-1503): applies to nonresidential structures or fenced commercial yards.
Third-degree trespass (A.R.S. § 13-1502): applies to open land, railroads, or remaining after a reasonable request to leave.
A person commits criminal trespass when they knowingly do one of the below:
- Enter or remain unlawfully at a home, apartment, condo (residence)
- Enter or remain unlawfully in a residential yard
- Enter or remain on a valid mineral claim to take minerals
- Enter or remain to burn religious symbols of another
- Enter or remain in or on a critical public service facility (bus, rail, air transit providers, utility companies, natural gas companies etc.)
- Enter or remain in any nonresidential structure
- Enter or remain in any fenced commercial yard
- Remaining on property after being asked to leave
- Entering or remaining on tracks of a railroad company
- Unlawfully looking into a residence and infringing on a person’s privacy ("Peeping Tom")
Laws may have changed since this page was last updated. For the most current information, visit the Arizona State Legislature website.