Trespassing Laws in the USA – An Overview – Survival Sullivan
by 
Trespassing laws are one of the most important legal concepts, and US trespassing laws are no exception.
Everyone who owns property instinctively wants to maintain control of it, and expects the explicit right to keep unauthorized people off of it.
And even though there is no truly unified trespassing law throughout the United States, the common law basics are mostly fundamental and don’t change.
Though you’ll need to learn, understand and abide by the trespassing laws of the state you live in, you’ll be a lot better off if you understand the foundational elements.
Keep reading, and I’ll give you a good overview of trespassing laws in the USA…
Table of Contents
What is Trespassing, Legally Speaking?
Trespassing, as a legal term, has more connotations than you might think, but for the purposes of our discussion today trespassing refers to the common understanding.
That common understanding generally implies entering onto land or any other property without the legal consent of the owner.
Trespassing might mean illegally entering or traveling across a piece of land, remaining in or on land or within a structure or dwelling, or accessing any other property after permission has been revoked or denied.
In some cases it even refers to entering or remaining unlawfully in a vehicle or some temporary habitation.
All of these things can be considered trespassing, though there may be slight variations on those situations, legally speaking, depending on the state that you live in.
But, broadly speaking, you’ll see two types of trespassing charges referred to everywhere: civil trespass and criminal trespass.
What is Civil Trespass?
Civil trespass, like other civil charges, is a trespassing charge that is initiated by the property owner or the owner’s duly authorized agent.
Typically, this is done in order to collect damages or to initiate punitive action against a trespasser regardless of whether or not any crime has been committed in the eyes of the state.
For instance, if you have someone who continually cuts across the back corner of your large property on their bicycle or dirt bike as they ramble through the woods, you could take them to court civilly for trespass even if they haven’t caused any other damages or trouble.
What is Criminal Trespass?
Criminal trespass, on the other hand, is exactly what you think, being any trespassing law that is enforced by government agents at any level, be they employees of a federal government agency, county sheriffs, police or any other law enforcement agency or individual.
When things get heated and a person refuses to leave a property that they are illegally (or allegedly illegally) on police may arrest the individual.
This is especially common when the property in question is a business or other area or installation is open to the public.
Similarly, criminal trespassing charges can apply when someone is trespassing in order to commit another crime, in furtherance of a crime, in case of flagrant trespassing, trespassing in a dwelling and other related circumstances.
Trespass Laws Vary Considerably from State to State!
One of the very first things you need to learn about trespassing laws in the United States is that they can be very, very different from place to place.
Each and every state puts its own spin on various classifications of trespassing and institutes its own penalty schedules:
Tom Marlowe practically grew up with a gun in his hand, and has held all kinds of jobs in the gun industry: range safety, sales, instruction and consulting, Tom has the experience to help civilian shooters figure out what will work best for them.
