As stated previously, criminal trespass is generally charged when one or more of the attendant circumstances of burglary are lacking or when the criminal intent is less heinous. Typically, criminal trespass is an unauthorized (attendant circumstance) entry or remaining (criminal act) into a building, occupied structure, or place as to which notice against trespassing is given, owned by another (attendant circumstance), with general intent or knowingly that the entry was unauthorized (criminal intent). 1 The Model Penal Code states that it is criminal trespass when the defendant “knowing that he is not licensed or privileged to do so…enters or surreptitiously remains in any building or occupied structure…or any place as to which notice against trespass is given” (Model Penal Code § 221.2). Criminal trespass is generally graded as a less serious felony than burglary or is graded as a misdemeanor if the trespass is into a place, rather than a building or occupied structure. 2 The Model Penal Code grades criminal trespass as a misdemeanor if it is committed in a dwelling at night; otherwise, it is graded as a petty misdemeanor or a violation (Model Penal Code § 221.2).
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