What Is Third Degree Trespassing?
Third degree trespassing refers to the broadest categorization of trespassing available. It entails a number of different specific instances of trespassing, but usually denotes the least serious forms of trespassing.
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Criminal Categorization
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Third degree trespassing is categorized as a Class 3 misdemeanor meaning that it can carry a sentence of up to a year in prison.
Request To Leave
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Third degree trespassing is the label given to a crime that occurs when a person stays at a private residence or piece of property after they have been asked to leave.
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Railroads
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Whenever a person knowingly, or unknowingly, wanders onto the right of way of tracks, a switching yard, or a boxcar storage yard, the label third degree trespassing is given to the crime.
As a Felony
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If trespassing is committed while the trespasser is in the possession of a firearm, this can be charged as trespassing as a third degree felony, punishable by more than a year in prison.
Sentencing
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If charged with trespassing in the third degree, a person is not commonly sentenced to jail, especially if it is their first offense.
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