Arizona criminal charge
Criminal trespass in the first degree in Arizona
Criminal trespass in the first degree is a criminal offense under Arizona law, defined by A.R.S. § 13-1504. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1504.
What is the penalty for criminal trespass in the first degree in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Trespass on critical public service facility — Applies when the trespass is committed under subsection A, paragraph 6 (entering or remaining unlawfully in or on a critical public service facility).; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Trespass on critical public service facility — Applies when the trespass is committed under subsection A, paragraph 6 (entering or remaining unlawfully in or on a critical public service facility).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Trespass in residential structure or religious property desecration — Applies when the trespass is committed under subsection A, paragraph 1 (residential structure) or paragraph 5 (desecrating religious symbol or property).; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Trespass in residential structure or religious property desecration — Applies when the trespass is committed under subsection A, paragraph 1 (residential structure) or paragraph 5 (desecrating religious symbol or property).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Trespass in fenced yard, privacy invasion, or mineral claim — Applies when the trespass is committed under subsection A, paragraph 2 (fenced residential yard), paragraph 3 (looking into residential structure), or paragraph 4 (unlawful entry on mineral claim or lease).; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Trespass in fenced yard, privacy invasion, or mineral claim — Applies when the trespass is committed under subsection A, paragraph 2 (fenced residential yard), paragraph 3 (looking into residential structure), or paragraph 4 (unlawful entry on mineral claim or lease).; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is criminal trespass in the first degree classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trespass on critical public service facility | Class 5 Felony | Applies when the trespass is committed under subsection A, paragraph 6 (entering or remaining unlawfully in or on a critical public service facility). | A.R.S. § 13-1504B |
| Trespass in residential structure or religious property desecration | Class 6 Felony | Applies when the trespass is committed under subsection A, paragraph 1 (residential structure) or paragraph 5 (desecrating religious symbol or property). | A.R.S. § 13-1504B |
| Trespass in fenced yard, privacy invasion, or mineral claim | Class 1 Misdemeanor | Applies when the trespass is committed under subsection A, paragraph 2 (fenced residential yard), paragraph 3 (looking into residential structure), or paragraph 4 (unlawful entry on mineral claim or lease). | A.R.S. § 13-1504B |
Common questions about criminal trespass in the first degree in Arizona
Is criminal trespass in the first degree a felony or a misdemeanor in Arizona?
It depends on the circumstances: criminal trespass in the first degree ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-1504.
Trespass on critical public service facility: Class 5 Felony (A.R.S. § 13-1504B) · Trespass in residential structure or religious property desecration: Class 6 Felony (A.R.S. § 13-1504B) · Trespass in fenced yard, privacy invasion, or mineral claim: Class 1 Misdemeanor (A.R.S. § 13-1504B)
What are the penalties for criminal trespass in the first degree in Arizona?
Which Arizona statute covers criminal trespass in the first degree?
Criminal trespass in the first degree is governed by A.R.S. § 13-1504 (Criminal trespass in the first degree; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.