Understanding basic property rights starts with understanding trespass laws. If someone can just walk into your property with no rhyme, no reason, and no provocation, you actually do not have as much control as you’re thinking that.
Fortunately, all states have trespass laws, and every state has its own trespass declaration and enforcement laws, in addition to penalties for violating these laws.
Arizona is a state of contrasts on this regard. If you might have an open or undeveloped lot that is just not surrounded by a fence or other barricades, it is vitally difficult to qualify an uninvited passage or presence as an intrusion.
On the opposite hand, the state cracks down heavily on gross intrusion right into a fenced-in area or residential property. Read on and we’ll inform you every thing you have to find out about Arizona’s misdemeanor laws.
Overview of trespass law in Arizona
- The state of Arizona requires fences or other barricades around undeveloped land to manage pedestrians for intrusion.
- For uninhabited land, signage or other signs prohibiting trespassing are required if verbal notice is just not given specifically to potential trespassers.
- Arizona’s misdemeanor law applies to residential and temporary buildings, in addition to all other real estate structures, vehicles, and fenced or fenced undeveloped land.
- Certain forms of trespassing are criminal offenses in Arizona.
What constitutes trespassing in Arizona?
Trespassing is best defined in Arizona law as entering or staying unlawfully on any land or property by a one that intends to accomplish that, or staying on property is just not expressly permitted, authorized, licensed or privileged.
Keep in mind that entering any property without privilege or permission with the clear intent to commit a criminal offense goes beyond trespassing, but someone who’s on or inside the property anyway with no clear intent to commit a criminal offense qualifies as trespassing usually.
Generally, this can be a misdemeanor and never a violent felony, meaning that the use of serious force to defend this property is just not warranted by Arizona law.
You can check the relevant definitions in Arizona Penal Code section 13-1501.
In this chapter, unless the context otherwise requires:
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2. “Unauthorized entry or remaining” means the act of a one that enters or stays on the premises when that person’s intention to accomplish that is just not licensed, authorized or otherwise favored, except when entry is for the aim of theft of products on sale during normal business hours, when the premises are open to the general public and when the person doesn’t enter any unauthorized areas of the premises.
3. “Intrusion” means the intrusion of any a part of any instrument or any a part of an individual’s body into the outer limits of a structure or dwelling.
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Does Arizona require “No Trespassing” signs?
Yes. In order to guard open, undeveloped land or non-residential property that is generally open to the general public during business hours, no intrusion signs could also be posted to qualify unauthorized access or presence as intrusion.
Is a fence required to guard property?
Yes, to qualify second degree intrusion into industrial or non-residential premises, and to guard undeveloped undeveloped land.
Particularly in Arizona, anyone entering undeveloped, undeveloped land doesn’t immediately trespass unless notified by the property owner, the owners duly authorized agent, or law enforcement to depart, they usually refuse to accomplish that.
Basically, for those who want people to remain off your vacant land under penalty of immediate trespassing charges, you need to fence it off or put up appropriate signage at regular intervals. That’s the way it is.
See Arizona Penal Code Section 13-1504 for more information.
A. An individual commits a first-degree felony knowingly:
1. Entering or staying unlawfully in or on a residential constructing.
2. Unlawfully entering or staying in a fenced residential yard.
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B. A primary-degree criminal offense under Subsection A, paragraph 6 of this section is a Class 5 felony. A primary-degree criminal offense under Subsection A, paragraph 1 or 5 of this section is a Class 6 felony. referred to in Subpart A, paragraphs 2, 3 or 4 of that section, is a Class 1 misdemeanor.
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What other signs indicate “no trespassing”?
Unlike many other states, Arizona has no specific laws regarding the colours, types, and forms of paint that will be applied to trees or other landscaping features to mark property boundaries.
If you should declare your intention to limit intruders out of your Arizona property, you have to to make use of signs or fencing.
Can Attorneys Ignore No Trespassing Signs?
No, usually. Staying on property in violation of a clearly posted no trespassing sign is taken into account a 3rd degree trespass under 13-1502.
While this may occasionally be difficult to bring to court, it is feasible that the offender could also be fined for those who really need to push the case.
Can trespassing end in an arrest in Arizona?
Yes, perhaps. Refusal to depart after being summoned by the property owner or law enforcement may end in arrest, and in second and first degree trespassing you could possibly face serious charges.
In particular, first degree trespassing generally is a felony and will certainly end in an arrest.
You can take a look at Arizona Criminal Code Section 13-504 which covers a primary degree misdemeanor misdemeanor for all the small print of trespassing which can end in the immediate arrest of somebody for violating it.
Please note that this includes any intrusion into or onto a residential property, unlawfully staying in or entering a fenced residential yard or peeking into windows, or invading the privacy of anyone in a residential constructing.
Can you sue someone for trespassing?
Absolutely, although it is going to rarely be price your time, except in cases of egregious and repeated violations of your property rights, more serious types of first degree crime within the state of Arizona, as much as serious allegations.
In addition to a criminal case, you will have a civil case.
Special Intrusion Cases in Arizona
Arizona has several intrusion laws on its books, often involving state-owned utilities, industrial installations, and the like.
It is an offense to knowingly enter or remain in track lanes, storage yards, turnouts or any rolling stock of a railway undertaking at any time. Unauthorized entry right into a fenced industrial area is a second category misdemeanor.
It is a Category 1 misdemeanor to enter any property with a legitimate mineral claim or lease with the intention of retaining, removing or exploiting the minerals covered by the claim or lease.
There are also special cases of trespassing which might incur criminal charges. Namely, it’s a criminal offense to enter or stay unlawfully in any critical public facility, as is entering or staying on the property of another person before burning, desecrating or otherwise damaging any religious symbol or property.
Sections 13-1502 and 13-1504 have details.
