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What Is Criminal Trespass in Maryland?
According to Title 6, Subtitle 4, (§ 6-402 through § 6-409) of the Maryland Criminal Law Article, a person commits criminal trespass by knowingly entering someone else's property or remaining on a property after the owner, tenant, or authorized person orally, in writing, or through signs tells the person to leave. This prohibition encompasses a wide variety of properties, such as:
- Private residence
- Posted property
- Business and commercial venues
- Cultivated farmland
- Vehicles or boats
- Government building
Under Maryland laws, the severity of a trespass offense depends on the property and the offender's intent. Criminal trespassing is a low-level crime, but it may result in fines, jail time, and a permanent criminal record, which may be accessible through background checks. Similar to other criminal records, a conviction for criminal trespassing may affect job opportunities, housing options, and professional licensing.
How to Look Up Public Criminal Trespass Records in Maryland
There are several options for individuals seeking access to Maryland's criminal trespass records. Similar to other criminal case records, these documents are accessible as part of court records. Interested individuals should access these records for free through the Maryland Judiciary Case Search Portal. For certified copies or records that are not available online, mail the Circuit Court or District Court Clerk’s Office in the county where the trespass occurred, or visit them in person and request access to the specific documents.
An alternative option is to send a criminal history summary request to the Maryland Department of Public Safety and Correctional Services (DPSCS). A Maryland criminal trespass record may be accessible as part of the offender's criminal history. Access to trespass records through criminal background checks requires fingerprints and costs between $18.00 and $20.00.
Although criminal records are public in Maryland, note that juvenile, sealed, and expunged records are not publicly disclosable.
Types of Criminal Trespass Offenses
Maryland does not treat trespassing as a single uniform crime. Under Title 6, Subtitle 4 of the Maryland Criminal Law Article, there are several variations and categories for trespassing. The state categorizes these types of crimes based on the location, the offender’s intent, and the method of notice given to the offender.
In Maryland, criminal trespassing is a misdemeanor offense, and not an infraction or a felony. The main types of criminal trespassing in Maryland include:
- Trespass on posted property
- Refusal or failure to leave the property
- Trespass on private property
- Trespass on public buildings or grounds
- Trespass on agricultural or recreational property.
| Type of Trespassing | Definition |
|---|---|
| Trespass on posted property | A person commits trespass on posted property by knowingly entering or crossing onto a land clearly marked with “No Trespassing” signs or bright paint markings |
| Refusal or failure to leave a property | An individual commits refusal or failure to leave property trespassing when he or she remains on private property after the owner, tenant, or another authorized person tells the person to leave |
| Trespass on private property | This applies when someone enters or stays on private land or premises without consent, even if the owner posts no signs |
| Trespass on public buildings or grounds | Individuals commit this type of trespassing when they enter or remain on public or government property (like schools or state buildings) after the proper authority tells them to leave or when the authority restricts access |
| Trespass on agricultural or recreational property | If a property owner uses a piece of land for farming, hunting, or recreation and posts it properly, entering the property without permission is a trespass offense. |
Penalties for Criminal Trespass in Maryland
The penalty for criminal trespassing in Maryland depends on the location of the offense and whether it involves a previous warning or restrictions. Although Maryland classifies trespassing as a misdemeanor, the offense may result in jail time, fines, and a criminal record. Most criminal trespassing convictions in Maryland are punishable by Imprisonment of up to 90 days. However, if the trespass occurs on government property, the prison sentence may range up to 6 months. Additionally, the penalty for trespass on a private or posted property includes fines of up to $500.00, while trespassing on government property may incur fines of up to $1,000.00. The courts may also order restitution (if the offense results in property damage) and clean-up costs.
| Type of Trespass | Classification | Maximum Prison Term | Maximum Fines |
|---|---|---|---|
| Trespass on posted or private property | Misdemeanor | Up to 90 days | $500.00 |
| Trespass on public or government property | Misdemeanor | Up to 6 months | $1,000.00. |
Trespassing is a criminal misdemeanor offense in Maryland. However, committing other crimes while trespassing may elevate a standard trespass offense to felony charges. In Maryland, trespassing may become a felony if the offender:
- Has the intent to commit other crimes. For instance, burglary or theft
- Trespassed while armed
- Trespasses into a dwelling or occupied building
- Cause property Damage or use threatening behavior
- Is a repeat offender
- The offense involves aggravated assault.
The table outlines factors that elevate a trespass offense in Maryland from a misdemeanor to a felony, including the potential penalties.
| Elevating Factors | Possible Felony Charges | Potential Prison Terms |
|---|---|---|
| Intent to commit theft, assault, or vandalism | First to fourth-degree burglary | Up to 20 years to life Imprisonment |
| Trespassing while armed | Armed burglary/weapons possession | Up to 20 years |
| Entry into an occupied home | First-degree burglary | Up to 25 years |
| Property damage or violence | Destruction of property/assault | Up to years |
| Repeat trespassing after warning | Enhanced misdemeanor or combined felony charges | Varies by cases. |
Can You Be Arrested for Criminal Trespass in Maryland?
Yes, trespassing constitutes an arrestable offense. Maryland law establishes trespassing as a criminal offense, granting law enforcement the legal authority to arrest individuals suspected of it.
Several circumstances allow a police officer to arrest an individual for trespassing in Maryland:
- A police officer observes someone trespassing on a property
- A property owner or tenant calls law enforcement to report an intruder
- Video surveillance, photographs, or witness statements provide evidence of the trespassing
- A person returns to a property after receiving a written or verbal "no trespass" notice.
Trespassing in Maryland is a non-violent misdemeanor. Nevertheless, an arrest or conviction for this crime may result in a criminal record.
How Criminal Trespass Differs from Burglary or Breaking and Entering in Maryland
It is easy to confuse trespassing with burglary or breaking in. However, Maryland distinguishes these offenses using different severity levels. The difference between these three offenses is based on the type of property involved and the offender's criminal intent. Among these three offenses, standard trespassing (without aggravating factors) is the least serious, while burglary is the most serious. Maryland classifies standard trespassing (without intent to commit another crime) as a misdemeanor, breaking and entering as a misdemeanor or felony (depending on the circumstances surrounding the crime), and burglary as a felony.
| Crime | Action Involved | Required Criminal Intent | Classification | Penalty |
|---|---|---|---|---|
| Trespassing | Unlawfully entering or remaining on someone else's property without the owner's permission. | No intent to commit any further crime | Misdemeanor | Up to 90 days to 6 months Imprisonment, in addition to fines that may range from $500.00 to $1,000.00 |
| Breaking in | Using force to unlawfully enter a building or structure without permission | When the primary element is the unlawful entry itself, or the intent is limited to simple theft or trespass on the property | Misdemeanor | Up to 3 years imprisonment, plus fines of up to $500.00 if the state charges it as a misdemeanor, and up to 10 years in prison and a potential fine of up to $10,000.00 if the offense results in felony charges |
| Burglary | Unlawful entry into a building or structure | Entering a building with the intent to commit a serious crime | Felony. | Depending on the aggravating factors, sentencing may range from 3 to 20 years, in addition to fines of $5,000.00 to $10,000.00. |
Can a Criminal Trespass Charge Be Dismissed or Reduced in Maryland?
Yes, judges in Maryland possess the authority to dismiss or reduce sentences for trespassing offenses within the state, and may do so under certain circumstances. A Maryland judge may reduce the penalty for trespassing through lenient plea deals, particularly if it is a non-violent first-time offense. In certain cases, prosecutors may choose to prioritize rehabilitation and community-based punishment over incarceration, moving for a dismissal or fines instead of imprisonment.
Typically, a conviction for trespass in Maryland creates a criminal record. However, § 6-220 of the Maryland Criminal Procedure permits judges to impose Probation Before Judgment (PBJ) for eligible non-violent offenses, including first-time non-violent trespassing. If the offender fulfills the court-imposed conditions for the PBJ, the judge may dismiss the associated trespassing charges. Eligible individuals may also petition the courts to seal or expunge their conviction records after observing the waiting periods.
Will a Maryland Criminal Trespass Charge Stay on Your Record?
Yes, a criminal trespass arrest in Maryland may result in a criminal record, which may become a permanent part of the offender's criminal history. However, the permanence of a trespass charge depends on its outcome.
A trespass conviction in Maryland creates a criminal record that stays indefinitely on the offender's record. These records are public and are accessible through background checks and public record requests unless they are sealed or expunged. However, individuals may petition the relevant District or Circuit Courts to expunge their records if the associated charges did not result in convictions. Additionally, individuals convicted of criminal trespass in Maryland may file for expungement under the Maryland Justice Reinvestment Act or if they receive full and unconditional pardons from the Governor of Maryland.
Expungement or Record Sealing Options in Maryland
Maryland allows the expungement of criminal records, including those that relate to convictions for trespassing. Under § 10-101 through § 10-109 of the Maryland Criminal Procedure, a trespass record may be eligible for expungement if:
- The charges did not result in a criminal conviction
- The offender receives a full state pardon
- The record qualifies under the Maryland Justice Reinvestment Act.
Additionally, intending petitioners are required to observe a 10-year waiting period from the date of completing the sentence for their offenses, and have no subsequent criminal convictions within this period. Expungement of trespass records in Maryland makes the documents no longer visible to employers, landlords, or the public. However, these documents remain accessible to law enforcement and certain government agencies.
Maryland does not have a general record-sealing system. Nonetheless, sealing of records in other states achieves the same purpose as expungement in Maryland.