Criminal Trespass — Second Degree

Under A.R.S. § 13-1503, a person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in a fenced commercial or residential yard.

Penalties

Criminal trespass in the second degree is a Class 2 misdemeanor, punishable by up to four months in jail and a fine of up to $750.

Defenses

Defenses include challenging whether the entry was unlawful, whether the structure qualifies as nonresidential, or whether the area was actually fenced or enclosed as required by the statute.