Written by attorney Jeremy S Geigle

First Degree Criminal Trespass in AZ

Individuals can be accused of criminal trespass in the first degree if they knowingly:

  • Enter/remain unlawfully in or on a residential structure;

  • Enter/remain unlawfully in a fenced residential yard;

  • Enter a residential yard and look into a residential structure with reckless disregard of infringing on the inhabitant or owner’s right to privacy (also known as “peeping");

  • Unlawfully enter any real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore the property for minerals on the claim or lease;

  • Enter/remain unlawfully on another person’s property and burn, deface, mutilate or desecrate a religious symbol or other form of religious property without first obtaining consent from the owner; or

  • Enter/remain unlawfully in or on a critical public service facility.

First degree criminal trespass can be charged as a class 6 felony or a class 1 misdemeanor depending on the circumstances involved in the case.

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