O.C.G.A.

O.C.G.A. § 16-7-21 (2019)

Criminal trespass

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

DAMAGE TO & INTRUSION ON PROPERTY

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor’s parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor’s parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

History

(Ga. L. 1882-83, p. 121, § 1; Penal Code 1895, § 220; Penal Code 1910, § 217; Code 1933, § 26-3002; Ga. L. 1959, p. 173, § 1; Ga. L. 1960, p. 142, § 1; Code 1933, § 26-1503, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 5; Ga. L. 1979, p. 764, § 1; Ga. L. 1985, p. 484, § 1; Ga. L. 1985, p. 1491, § 1; Ga. L. 1997, p. 526, § 1; Ga. L. 2001, p. 1153, § 1.)

Annotations

Cross references. - Justifiable use of force in defense of property, §§ 16-3-23,

Notes of Decisions

Cited in 319 cases (26 in the last 5 years), 1983–2026 · leading case: State v. Harper, 810 S.E.2d 484 (Ga. 2018).

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State v. Harper, 810 S.E.2d 484 (Ga. 2018). · cites it 28× “See OCGA § 16-7-21 (b) (2). In Harper v. State , 338 Ga.”

State v. Harper, 303 Ga. 144 (Ga. 2018). · cites it 26× “See OCGA § 16-7-21 (b) (2). In Harper v. State, 338 Ga.”

David Carter v. Timothy Filbeck, 821 F.3d 1310 (11th Cir. 2016). · cites it 3× “” O.C.G.A. § 16-7-21(a) (emphasis added). Alternatively, a person commits this offense if he “knowingly and without authority ” either “[e]nters upon the land or premises of another person .”

Daniel v. State, 804 S.E.2d 61 (Ga. 2017). · cites it 6× “Here, there was simply no evidence to support Daniel’s requested instruction for criminal trespass based on OCGA § 16-7-21 (b) (l). 2 *786 When asked by the court what evidence supported the criminal trespass instruction, trial counsel responded that “[w]e all admit that he was…”

Sanders v. State, 667 S.E.2d 396 (Ga. Ct. App. 2008). · cites it 10× “Sanders contends that the trial court erred by refusing to instruct the jury on criminal trespass under OCGA § 16-7-21 (b) (1) as a lesser included offense of burglary.”

Smallwood v. State, 310 Ga. 445 (Ga. 2020). · cites it 6× “Alternatively, Smallwood contends that even if OCGA § 16- 8-18 is not void for vagueness, the trial court erred because Smallwood should have been sentenced for misdemeanor criminal trespass under OCGA § 16-7-21 (b), rather than for a felony under OCGA § 16-8-18, after applying…”

Feagin v. State, 402 S.E.2d 80 (Ga. Ct. App. 1991). · cites it 14× “00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent” and “(b) A person commits the offense of criminal trespass when he knowingly and without authority .”

Anderson v. the State., 822 S.E.2d 684 (Ga. Ct. App. 2018). · cites it 10× “was convicted by a jury of three family violence charges-one charge of simple battery ( OCGA § 16-5-23 (f) ) and two charges of trespass ( OCGA §§ 16-7-21 (b), 19-13-1 ). He appeals, contending that there was insufficient evidence to convict on any of the charges.”

Moore v. State, 635 S.E.2d 253 (Ga. Ct. App. 2006). · cites it 6× “Under OCGA § 16-7-21, however, criminal trespass may be committed by several different methods; and Moore did not specify in his request to charge the particular method on which he wanted the jury instructed.”

Bowman v. State, 368 S.E.2d 143 (Ga. Ct. App. 1988). · cites it 16× “” See OCGA § 16-7-21 (b) (3). The jury returned guilty verdicts.”

Achor Ctr., Inc. v. Holmes, 465 S.E.2d 451 (Ga. Ct. App. 1995). · cites it 8× “OCGA § 16-7-21 (a). Despite the dissent’s contention that Holmes was not adequately advised not to enter the Achor property prior to his arrest, Holmes admits that after his expulsion, he was not welcome at the Achor facility and Achor officials clearly communicated that to him.”

In the Interest of T.b., a Child, 313 Ga. 846 (Ga. 2022). · cites it 4× “2, and two counts of criminal trespass, see OCGA § 16-7-21 (a) and (b). Following a detention hearing, the juvenile court ordered that T.”

Show all 319 citing cases →

— 16-7-21(a) — 15 cases

David Carter v. Timothy Filbeck, 821 F.3d 1310 (11th Cir. 2016). “” O.C.G.A. § 16-7-21(a) (emphasis added). Alternatively, a person commits this offense if he “knowingly and without authority ” either “[e]nters upon the land or premises of another person .”

Achor Ctr., Inc. v. Holmes, 465 S.E.2d 451 (Ga. Ct. App. 1995). “OCGA § 16-7-21 (a). Despite the dissent’s contention that Holmes was not adequately advised not to enter the Achor property prior to his arrest, Holmes admits that after his expulsion, he was not welcome at the Achor facility and Achor officials clearly communicated that to him.”

Carter v. Butts Cnty., 110 F. Supp. 3d 1325 (M.D. Ga. 2015).

Waldrop v. State, 498 S.E.2d 337 (Ga. Ct. App. 1998).

Gray v. Ferdarko, 982 F. Supp. 2d 1348 (N.D. Ga. 2013).

— 16-7-21(b) — 3 cases

State v. Harper, 810 S.E.2d 484 (Ga. 2018). “See OCGA § 16-7-21 (b) (2). In Harper v. State , 338 Ga.”

Rockemore v. City of Thomaston (M.D. Ga. 2019).

Richard D. Jackson v. David M. McCurry (11th Cir. 2019).

— 16-7-21(b)(1) — 7 cases

Thomas Bruce Henley v. Todd Payne, 945 F.3d 1320 (11th Cir. 2019).

Philpot v. State, 709 S.E.2d 831 (Ga. Ct. App. 2011).

Thomas Bruce Henley v. Todd Payne (11th Cir. 2022).

Bryant v. Reese (N.D. Ga. 2021).

— 16-7-21(b)(2) — 8 cases

Arbee v. Collins, 463 S.E.2d 922 (Ga. Ct. App. 1995).

Grams B. Osborne v. Am. Multi Cinema Inc., 348 F. App'x 535 (11th Cir. 2009).

In Re Ms, 664 S.E.2d 240 (Ga. Ct. App. 2008).

— 16-7-21(b)(3) — 6 cases

United States v. Gilbert, 720 F. Supp. 1554 (N.D. Ga. 1989).

Proescher v. Bell, 966 F. Supp. 2d 1350 (N.D. Ga. 2013).

Robert Kopperud v. Dexter Mabry, 573 F. App'x 828 (11th Cir. 2014).

Brown v. Gonzalez (S.D. Ga. 2025).

Day v. City of Atlanta (N.D. Ga. 2022).

— 16-7-21(c) — 1 case

In Re Jbm, 669 S.E.2d 523 (Ga. Ct. App. 2008).

— 16-7-21(d) — 2 cases

In Re Af, 510 S.E.2d 910 (Ga. Ct. App. 1999).

Lillie Middlebrooks v. Scott Kasmar (11th Cir. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.