What Is Criminal Trespass in Pennsylvania?

In Pennsylvania, criminal trespass occurs when someone knowingly and unlawfully enters and remains on another person's property without that person's permission. Pennsylvania law recognizes three main situations that constitute criminal trespass:

• Deliberately entering a building or other "occupied structure" without permission, or gaining entry by trickery or breaking in (e.g., forcing a door or window open) (§ 3503(a)).
• Defiant trespass happens when someone enters or remains after notice against trespass was given via a posted sign, a fence or enclosure, or a direct verbal or written warning (§ 3503(b)).
• Simple trespass applies to a situation in which a person goes to a place to threaten or terrorize someone. This may involve starting a fire or defacing/damaging property.

To be convicted of criminal trespass in Pennsylvania, the prosecution must prove the essential elements of the specific criminal trespass offense.

How to Look Up Public Criminal Trespass Records in Pennsylvania

Interested parties wishing to check the status of a trespass case or conviction may use the following options:

• Pennsylvania Unified Judicial System: Users may visit this portal to use its Case Search tool. The feature allows searching for cases by name or case number, and offers free viewing of dockets from several courts.
• County Clerk's Office: Those who know the precise court where a criminal trespass case was heard may contact the relevant clerk or court-records office. Most counties offer online searches or in-person requests. Requesters may, however, incur a fee for copying court files or for certification of documents.
• Pennsylvania Access to Criminal History (PATCH): This system (run by the Pennsylvania State Police) allows users to request criminal history background checks online for a fee. Criminal justice agencies can access an individual's comprehensive criminal history information (CHRI) through PATCH. However, noncriminal justice agencies and individuals cannot view records sealed by court or state law through the platform.

Types of Criminal Trespass Offenses

Pennsylvania law outlines several types of criminal trespass offenses, ranging from minor violations to serious felonies. The classification of criminal trespass offenses depends on intent, location, and manner of entry:

• Trespass into buildings and occupied structures: This is the most serious type of trespassing. This offense occurs when someone knowingly enters a building without permission. Pennsylvania law charges this offense as a felony of the third degree if an unauthorized individual gains entry into a building or occupied structure by deception or sneaking in. Suppose the person enters an unauthorized area by force, by any method of "breaking in", or through an opening not meant for human access. In that case, the trespass offense becomes a felony of the second degree.
• Defiant Trespass: This occurs when someone enters or remains on private property after being warned by a verbal notice or by a "No Trespassing" sign, fence, or property markings. This offense is typically a misdemeanor, but it may be reduced to a summary offense (akin to an infraction) if the intrusion is minimal.
• Simple Trespassing: This involves entering someone's land with the intent to harass, threaten, or cause property damage. This is usually handled as a summary offense. However, it may escalate to more serious criminal trespass offenses if criminal intent is involved.

For additional information on how trespass fits within broader criminal classifications, an interested person may review articles on the types of crimes in Pennsylvania.

Penalties for Criminal Trespass in Pennsylvania

In Pennsylvania, the penalties for criminal trespass typically depend on the circumstances of the offense.

Trespass into buildings and occupied structures: Entering or remaining in a building or occupied structure without permission is a felony of the third degree when entry is obtained by deception or by sneaking in. This is punishable by up to seven years in prison and fines up to $15,000. Breaking into a building (by force, intimidation, lock tampering, or entry through an opening not meant for people) or into other occupied structures is a felony of the second degree and carries a maximum prison sentence of ten years and fines up to $25,000.

Defiant trespass: This involves entering someone's property after being given clear notice (signs, fencing, verbal order). This is usually a summary offense, but may rise to a third-degree misdemeanor if a person refuses an order to leave, and to a first-degree misdemeanor if the offense occurs on school grounds. A third-degree misdemeanor is punishable by up to one year in prison and fines of up to $2,500. The maximum penalty for a first-degree misdemeanor is five years and a fine of up to $10,000.

Simple Trespassing: This includes trespass offenses such as entering a property to threaten someone, start a fire, or cause damage. This is a summary offense, but special rules apply on agricultural land (minimum fines of a second- or third-degree misdemeanor, depending on the conduct). This category of offense may rise to the level of a first-degree misdemeanor if animals or plants are harmed.

The penalties for these offenses are as follows:

• First-degree misdemeanor: Up to five years in prison and fines of up to $10,000.
• Second-degree misdemeanor: Up to two years in prison and fines of up to $5,000.
• Third-degree misdemeanor: Up to one year in jail and fines of up to $2,500.

Can You Be Arrested for Criminal Trespass in Pennsylvania?

Yes. In Pennsylvania, law enforcement may arrest someone found unlawfully entering or remaining on another person's property, building, or enclosed area without permission. Under 18 Pa.C.S. § 3503, trespass is considered a criminal offense rather than a civil violation. This means law enforcement may arrest someone without a warrant when the offense occurs in their presence or when probable cause exists.

When an officer does not directly observe the offense, they may establish probable cause through credible evidence such as surveillance video, property owner complaints, or witness statements. Most trespass charges involve buildings, and repeated ignoring of warnings is a misdemeanor or felony-level crime. These are arrestable offenses (subject to full arrest and booking processes) under the criminal code, not simple citations.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Pennsylvania

In Pennsylvania, criminal trespass focuses on entering and remaining on premises without permission, i.e., being where one is not authorized to be. In contrast, burglary involves entering a building or occupied structure with the intent to commit another crime inside (theft, assault, etc.). Forced entry is not necessary for an offense to qualify as burglary; the purpose is what elevates it.

Pennsylvania law does not have the term "breaking and entering" as a separate charge. The statutes cover burglary and criminal trespass, with trespass charges escalating if someone "breaks into" or sneaks in (e.g., by force, lock tampering, or subterfuge).

Can a Criminal Trespass Charge Be Dismissed or Reduced in Pennsylvania?

In most Pennsylvania counties, district attorney-run pretrial diversion programs allow first-time, nonviolent offenders to have their criminal trespass charges reduced or dismissed. Using the statewide criminal procedure rule, an attorney may move a case into Accelerated Rehabilitative Disposition (ARD). Admission into ARD is on a case-by-case basis and usually favors offenders with limited or no prior records.

ARD admission is case-by-case and controlled by each county DA (typical eligibility: limited or no prior record).

Individuals admitted into ARD and who complete the specified conditions (e.g., classes, community service, restitution) may have their case closed without a conviction. Subsequently, they may petition to expunge the arrest record.

Besides diversion, Pennsylvania prosecutors often consider plea reductions (e.g., from felony trespass in a building to a lower grade or to defiant trespass) based on notice, absence of damage or weapons, prior record, victim input, and proof issues.

Following a dismissal, withdrawal, or acquittal, records are typically eligible for expungement under 18 Pa.C.S. § 9122. Under Pennsylvania's Clean Slate limited-access laws, individuals may also have their non-conviction records automatically sealed. This process restricts public viewing of such documents while preserving law-enforcement access.

Will a Pennsylvania Criminal Trespass Charge Stay on Your Record?

Yes. Trespass conviction records will remain on someone's record indefinitely until they are cleared. A trespass conviction is part of an individual's public criminal history records. It may appear in the Pennsylvania courts' online dockets (UJS Web Portal) unless access is restricted by law or a court order. This may be visible to employers, landlords, or licensing agencies conducting background checks.

Under 18 Pa.C.S. § 9122, individuals whose cases were dismissed or withdrawn may petition for expungement. This process will remove the case from public criminal history records; however, law enforcement may retain limited access permitted by law.

In Pennsylvania, the Clean Slate laws generally seal (limit access) non-conviction records. Automatically sealed conviction records include summary convictions after 5 years, most misdemeanors after 7 years, and some low-level felonies (such as qualifying drug crimes) after 10 years, provided there are no new convictions.

Expungement or Record Sealing Options in Pennsylvania

Pennsylvania offers two main case remedies: expungement and limited access (Clean Slate sealing).

Expungement: This option is typically available for non-conviction records (e.g., individuals whose arrests or cases were dismissed, withdrawn, or acquitted, or who completed an ARD program) and certain limited conviction situations. The process involves deleting eligible criminal history information from public databases, making it inaccessible to public view.

Sealing (limited access): This option limits access to a criminal record without deleting it. Under § 9122.1, Pennsylvania provides petition-based limited access for qualifying cases (typically after a waiting period during which the individual is free of convictions) and automatic "Clean Slate" limited access under § 9122.2. After recent amendments to Act 36 of 2023, most misdemeanors are now eligible for sealing after 7 years (conviction-free). Certain non-violent felonies are eligible for sealing after 10 years, provided all specified conditions are met. Law enforcement and some government agencies are expected to retain access.