Alaska Statutes
Alaska Stat. § 11.46.330 (2026)
Criminal trespass in the second degree
✓ current as of July 2026
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Sec. 11.46.330. Criminal trespass in the second degree.
(a) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully
(1) in or upon premises; or
(2) in a propelled vehicle.
(b) Criminal trespass in the second degree is a class B misdemeanor.
(a) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully
(1) in or upon premises; or
(2) in a propelled vehicle.
(b) Criminal trespass in the second degree is a class B misdemeanor.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1983–2023 · leading case: Stephan P. v. Cecilia A., 464 P.3d 266 (Alaska 2020).
Stephan P. v. Cecilia A., 464 P.3d 266 (Alaska 2020). “continued) elements of criminal assault in the fourth degree); AS 11.46.330 (defining the elements of criminal trespass in the second degree).”
Turney v. State, 936 P.2d 533 (Alaska 1997). “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.”
Timothy W. v. Julia M., 403 P.3d 1095 (Alaska 2017). “AS 11.46.330(a). 50 . AS 18.66.990(3). 51 .”
United States v. Nikos Delano Dorsey, 418 F.3d 1038 (9th Cir. 2005). “]” Alaska Stat. § 11.46.330 (a)(1). A person has entered or remained unlawfully if he “fail[s] to leave premises .”
Hammock v. State, 52 P.3d 746 (Alaska Ct. App. 2002). “AS 11.46.330 provides: Criminal trespass in the second degree.”
Whalen v. Whalen, 425 P.3d 150 (Alaska 2018). “b ("If the possessor's consent is restricted as stated in this Section, the actor's presence on the land outside of the permitted area, unless it is otherwise privileged, is a trespass for which he is liable to the possessor and which deprives him of the rights which as licensee…”
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021). “410(a)(1) and AS 11.46.330(a)(1), respectively. 2 AS 11.”
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). “While Arabie’s entries of the beer cooler and back room may have constituted a criminal trespass, see AS 11.46.330(a)(1), they did not, in themselves, amount to unlawful entries of a building — an element of the offense of burglary.”
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “Turney appeals his convictions for second-degree trespass, AS 11.46.330(a)(1), and disorderly conduct, AS 11.”
Timothy v. State, 90 P.3d 177 (Alaska Ct. App. 2004). “See AS 11.46.330(a)(2) and AS 11.46.100. For these reasons, we conclude that the Illinois definition of burglary is not sufficiently similar to Alaska’s definition of burglary (or to any other felony defined under Alaska law) to meet the test set forth in AS 12.”
Johnson v. State, 739 P.2d 781 (Alaska Ct. App. 1987). “AS 11.46.330(a)(1). He received a $500 fine and a sentence of sixty days with all but 120 hours suspended.”
Moxie v. State, 662 P.2d 990 (Alaska Ct. App. 1983). “230, criminal trespass in the second degree in violation of AS 11.46.330, and resisting arrest in violation of AS 11.”
— Alaska Stat. § 11.46.330(a) — 6 cases
Turney v. State, 936 P.2d 533 (Alaska 1997). “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.”
Timothy W. v. Julia M., 403 P.3d 1095 (Alaska 2017). “AS 11.46.330(a). 50 . AS 18.66.990(3). 51 .”
Whalen v. Whalen, 425 P.3d 150 (Alaska 2018). “b ("If the possessor's consent is restricted as stated in this Section, the actor's presence on the land outside of the permitted area, unless it is otherwise privileged, is a trespass for which he is liable to the possessor and which deprives him of the rights which as licensee…”
Muller v. State, 196 P.3d 815 (Alaska Ct. App. 2008).
Timothy W. v. Julia M. (Alaska 2017).
— Alaska Stat. § 11.46.330(a)(1) — 8 cases
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021). “410(a)(1) and AS 11.46.330(a)(1), respectively. 2 AS 11.”
Turney v. State, 936 P.2d 533 (Alaska 1997). “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.”
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). “While Arabie’s entries of the beer cooler and back room may have constituted a criminal trespass, see AS 11.46.330(a)(1), they did not, in themselves, amount to unlawful entries of a building — an element of the offense of burglary.”
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “Turney appeals his convictions for second-degree trespass, AS 11.46.330(a)(1), and disorderly conduct, AS 11.”
Hammock v. State, 52 P.3d 746 (Alaska Ct. App. 2002). “AS 11.46.330 provides: Criminal trespass in the second degree.”
— Alaska Stat. § 11.46.330(a)(2) — 2 cases
Timothy v. State, 90 P.3d 177 (Alaska Ct. App. 2004). “See AS 11.46.330(a)(2) and AS 11.46.100. For these reasons, we conclude that the Illinois definition of burglary is not sufficiently similar to Alaska’s definition of burglary (or to any other felony defined under Alaska law) to meet the test set forth in AS 12.”
Christopher Brandon Baines v. State of Alaska, 535 P.3d 899 (Alaska Ct. App. 2023).
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