Delaware Code

11 Del. C. § 821 (2026)

Criminal trespass in the third degree; a violation

✓ current as of May 2026

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A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.

11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2011–2023 · leading case: State v. Morris (Del. Super. Ct. 2022).

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State v. Morris (Del. Super. Ct. 2022). · cites it 2× “” 16 11 Del. C. § 821: “A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.”

Newton v. State (Del. Super. Ct. 2023). “45 See 11 Del. C. § 821. 46 Tyre v. State, 412 A.”

Johnson v. Phelps, 810 F. Supp. 2d 712 (D. Del. 2011). “§ 1102(a)(2)); and third degree criminal trespass (11 Del. Code Ann. § 821)). Prior to trial, petitioner pled guilty to the third degree criminal trespass charge.”

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