Criminal Trespass — First Degree

Under A.R.S. § 13-1504, a person commits criminal trespass in the first degree by knowingly entering or remaining unlawfully in or on a residential structure, a fenced residential yard, or a critical public service facility. This is the most serious trespass offense and borders on burglary — the key difference is the absence of intent to commit a theft or felony inside the structure.

Penalties

Criminal trespass in the first degree is a Class 6 felony when it involves a residential structure. It is a Class 1 misdemeanor when it involves a fenced residential yard.

Defenses

Defenses include challenging whether the structure was residential, whether the entry was truly unlawful, or whether the defendant had a reasonable belief they were authorized to be on the property.