Criminal Trespass in the 3rd Degree in Arizona: ARS 13-1502

Posted on July 29, 2025 in Arizona Revised Statutes,Criminal Trespass

Criminal trespass in Arizona has three degrees of severity, from third degree, the lowest level, to first degree trespassing charges. In this post, we cover third-degree criminal trespass in Arizona, which is governed by Arizona Revised Statutes (ARS) 13-1502.

If you have been charged with trespassing in the third degree, please call AZ Defenders at (480) 456-6400 immediately to get premium legal defense.

What is Trespassing in the 3rd Degree in Arizona?

Third-degree criminal trespass in Arizona is a Class 3 misdemeanor offense.

The statute itself is brief, so we lay it out in its entirety below, with added emphasis on its key parts:

13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner, or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C. Criminal trespass in the third degree is a class 3 misdemeanor.

How Do I Commit 3rd Degree Criminal Trespass?

The first thing to keep in mind about third-degree criminal trespass is that you cannot inadvertently commit this offense:

• You must know at the time you enter onto someone else’s property that you are not there lawfully.
• If you did not know when you entered the property that doing so was unlawful, then you must know you are on it unlawfully when you are told to leave.

The second aspect of third-degree criminal trespass is that it is easy to commit this offense because of the broad definition of “any real property.” Real property simply means land, so ARS 13-1502 covers any land owned privately or publicly that you either enter onto or remain on unlawfully.

What makes your presence on real property unlawful depends on the circumstances. Here are some common examples:

• You see a posted “No Trespassing” sign on real property, which puts you on constructive notice that you are prohibited from entering, and go onto the property anyway.
• Even if you do not see a “No Trespassing” sign on the property, you still know in advance that the property belongs to someone else and that you do not have permission to be there, but you enter onto the property anyway.
• You are initially welcome on the property, such as being a licensee (like a social guest) or invitee (like a store or a restaurant customer) on private or commercial property, but at some point, you are told to leave and refuse to do so.
• You believed you were on public land but were later informed it was private property and told to leave—yet you refused to do so.

Any request to leave must be reasonable and must be made by any of the property owners, a person having lawful control over the property (like an apartment property manager or a store manager), or a police officer.

Special Situations Involving Railroad Property

ARS 13-1502(A)(2) applies specifically to property connected with rail transportation, such as rail tracks, yards, and railroad cars (rolling stock). This includes any kind of rail, including commercial and public transport rail property.

Distinguish 3rd Degree Criminal Trespass from Other Forms of Criminal Trespass

Third-degree criminal trespass onto real property can, under certain circumstances, escalate into a higher-level offense like second-degree criminal trespass or first-degree criminal trespass.

For example, let’s say you enter real property belonging to someone else. That is third-degree criminal trespass. But now you go further and enter a storage shed on the property, a non-residential structure. You have now committed second-degree criminal trespass. Next, you enter a residence on the same property. This moves you into first-degree criminal trespass.

Generally speaking, any time you enter onto real property and do something like hop a fenced residential or commercial yard or enter into any kind of structure, chances are that you are committing a higher level of trespass than third-degree criminal trespass.

Also, note that criminal trespass charges are often part of burglary charges. Burglary occurs when you unlawfully enter onto someone else’s property, usually a structure, with the intent to commit another crime, like theft or a felony-level offense, when you are there.

Penalties for 3rd Degree Criminal Trespass in Arizona

As a Class 3 misdemeanor, a conviction for third-degree criminal trespass carries the following potential penalties:

• Up to 30 days in jail
• Up to $500 in fines
• Up to 1 year of probation

Furthermore, even though third-degree criminal trespass is the least serious criminal offense you can be charged with in Arizona, having any criminal conviction on your public record can have additional consequences for you.

 For example, a Class 3 misdemeanor can make it harder for you to get a job or to find a place to rent. If you are applying for an Arizona professional license, it could complicate your ability to obtain such a license.

Defenses to 3rd Degree Criminal Trespass Charges

If you are charged with third-degree criminal trespass in Arizona, you may have three main defenses.

Consent to be on the Property

If you can show that the property owner gave you permission to be there—and that permission hadn’t been revoked when you were arrested—you may not be considered a trespasser, but an invitee or licensee.

Even if your account conflicts with the owner’s, creating reasonable doubt about whether you had permission can serve as a valid defense.

Lack of Knowledge or Requisite Intent to Commit Trespass

You have to knowingly be on a property unlawfully to be guilty of criminal trespass. If you can truthfully claim that you did not know you were on someone else’s property without permission, then you may be able to cast reasonable doubt on the case against you.

For example, let’s say that you buy some real property. While you are walking along what you mistakenly think is on your side of an unfenced property line, you unknowingly cross onto your neighbor’s real property. The neighbor tells you to leave. You walk back to where you think your property is, but unintentionally are still on the neighbor’s property when the police arrest you for trespassing. In this case, you may be able to successfully argue that you were not knowingly or intentionally on the neighbor’s real property at the time, but ignorantly so.

Lack of Reasonable Notice of Trespass

Arizona law puts an obligation on property owners who do not want others to trespass onto their real property to provide reasonable notice to discourage unlawful entry.

Similar to the example above, if the property isn’t fenced and lacks “No Trespassing” signs, you may be able to argue that you had no reasonable way of knowing you were trespassing.

Even if “No Trespassing” signs are posted, you could argue that you had no clear notice you were trespassing. This would be a plausible scenario if there were not enough signs or if they were covered by vegetation.

Have You Been Charged with Criminal Trespass Under Arizona Law?

If you are charged with criminal trespass, having an experienced criminal defense lawyer on your side could be to your advantage. Being convicted of third-degree trespass can cost you your freedom, saddle you with a fine, put you on probation, and leave a blemish on your public record.

The attorneys at AZ Defenders can give you the strongest legal representation when you are facing criminal trespass charges. We know how to gather all the available relevant evidence to support your side of the story, including photographs of the real property where the alleged offense happened, obtain statements from any witnesses who were present, and look for any inconsistencies or weaknesses in the prosecution’s case against you.

To speak with an experienced Arizona criminal defense attorney, call us at (480) 456-6400 any time day or night. You can also reach us through our contact form to talk with one of our criminal defense specialists and to schedule a free consultation.