Alaska Statutes

Alaska Stat. § 11.46.320 (2026)

Criminal trespass in the first degree

✓ current as of July 2026
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Sec. 11.46.320. Criminal trespass in the first degree.
 (a) A person commits the crime of criminal trespass in the first degree if the person enters or remains unlawfully
     (1) on land with intent to commit a crime on the land; or

     (2) in a dwelling.

 (b) Criminal trespass in the first degree is a class A misdemeanor.




Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1984–2025 · leading case: Turney v. State, 936 P.2d 533 (Alaska 1997).
Turney v. State, 936 P.2d 533 (Alaska 1997). · cites it 5× “” The criminal trespass statutes, AS 11.46.320(a) and AS 11.46.330(a), both provide that a person commits criminal trespass if he or she “enters or remains unlawfully” on premises, either with or without the intent to commit a crime on the land.”
Alfred v. State, 758 P.2d 130 (Alaska Ct. App. 1988). “AS 11.46.320(a)(2). 2 . Alaska Statute 09.”
State v. Roberts, 999 P.2d 151 (Alaska Ct. App. 2000). “310; (C) criminal trespass under AS 11.46.320— 11.46.330; (D) arson or criminally negligent burning under AS 11.”
Roberts v. State, 680 P.2d 503 (Alaska Ct. App. 1984). “510, and one count of criminal trespass in the first degree, AS 11.46.320. Superior Court Judge James R.”
Houston v. Mun. of Anchorage, 59 P.3d 773 (Alaska Ct. App. 2002). “AS 11.46.320; American Law Institute, Model Penal Code and Commentaries, Part II, § 221.”
Schlosser v. State, 372 P.3d 272 (Alaska Ct. App. 2016). “The superior court will have to re-sentence Schlosser, and the State may conceivably ask the superior court to enter judgement against Schlosser for fourth-degree assault.”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “The jury rejected this theory when they returned the guilty verdict, Accordingly, we conclude that the lack of an instruction on the statutory definition of the term "victim" did not create a likelihood that the jury followed an erroneous theory.”
Lege v. City of Ketchikan, Alaska (D. Alaska 2021). · cites it 3× “While Lege told Officer Oster that a female in a dark shirt let him inside the second of the two doors leading into Boneta’s apartment, this does not negate a finding of probable cause.”
Christopher Brandon Baines v. State of Alaska, 535 P.3d 899 (Alaska Ct. App. 2023). “484(a)(1), AS 11.46.320(a)(1), AS 11.46.330(a)(2), AS 28.”
Jesse Leeland Rice v. State of Alaska, 563 P.3d 132 (Alaska Ct. App. 2025). “After arresting Rice, the troopers obtained and executed a search warrant for his residence.”
Jennifer L. v. Geoffrey G. (Alaska 2021). “990(3); AS 11.46.320(a)(2) (criminal trespass in the first degree); AS 11.”
— Alaska Stat. § 11.46.320(a) — 2 cases
Turney v. State, 936 P.2d 533 (Alaska 1997). “” The criminal trespass statutes, AS 11.46.320(a) and AS 11.46.330(a), both provide that a person commits criminal trespass if he or she “enters or remains unlawfully” on premises, either with or without the intent to commit a crime on the land.”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “The jury rejected this theory when they returned the guilty verdict, Accordingly, we conclude that the lack of an instruction on the statutory definition of the term "victim" did not create a likelihood that the jury followed an erroneous theory.”
— Alaska Stat. § 11.46.320(a)(1) — 3 cases
Turney v. State, 936 P.2d 533 (Alaska 1997). “” The criminal trespass statutes, AS 11.46.320(a) and AS 11.46.330(a), both provide that a person commits criminal trespass if he or she “enters or remains unlawfully” on premises, either with or without the intent to commit a crime on the land.”
Schlosser v. State, 372 P.3d 272 (Alaska Ct. App. 2016). “The superior court will have to re-sentence Schlosser, and the State may conceivably ask the superior court to enter judgement against Schlosser for fourth-degree assault.”
Christopher Brandon Baines v. State of Alaska, 535 P.3d 899 (Alaska Ct. App. 2023). “484(a)(1), AS 11.46.320(a)(1), AS 11.46.330(a)(2), AS 28.”
— Alaska Stat. § 11.46.320(a)(2) — 4 cases
Alfred v. State, 758 P.2d 130 (Alaska Ct. App. 1988). “AS 11.46.320(a)(2). 2 . Alaska Statute 09.”
Lege v. City of Ketchikan, Alaska (D. Alaska 2021). “While Lege told Officer Oster that a female in a dark shirt let him inside the second of the two doors leading into Boneta’s apartment, this does not negate a finding of probable cause.”
Jesse Leeland Rice v. State of Alaska, 563 P.3d 132 (Alaska Ct. App. 2025). “After arresting Rice, the troopers obtained and executed a search warrant for his residence.”
Jennifer L. v. Geoffrey G. (Alaska 2021). “990(3); AS 11.46.320(a)(2) (criminal trespass in the first degree); AS 11.”
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