Criminal Trespass — Third Degree

Under A.R.S. § 13-1502, a person commits criminal trespass in the third degree by 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 the property. The statute also covers trespassing on railroad tracks or rights-of-way.

Common Scenarios

Third degree trespass charges in Tucson commonly arise from situations where someone refuses to leave a business after being asked, remains on property after being warned by police, or enters posted or restricted areas. Homeless encampment enforcement actions also frequently result in this charge.

Penalties

Criminal trespass in the third degree is a Class 3 misdemeanor, punishable by up to 30 days in jail and a fine of up to $500.

Defenses

Defenses include challenging whether the request to leave was reasonable, whether the defendant received adequate notice, or whether the defendant had a lawful right to be on the property.