§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do
so, he:
(i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied
structure or separately secured or occupied portion thereof; or
(ii) breaks into any building or occupied structure or separately secured or occupied portion
thereof.
(2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense
under paragraph (1)(ii) is a felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking, intimidation, unauthorized opening of locks, or
through an opening not designed for human access.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do
so, he enters or remains in any place as to which notice against trespass is given
by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or reasonably likely to come to the attention
of intruders;
(iii) fencing or other enclosure manifestly designed to exclude intruders;
(iv) notices posted in a manner prescribed by law or reasonably likely to come to the person's
attention at each entrance of school grounds that visitors are prohibited without
authorization from a designated school, center or program official;
(v) an actual communication to the actor to leave school grounds as communicated by a
school, center or program official, employee or agent or a law enforcement officer;
or
(vi) subject to paragraph (3), the placement of identifying purple paint marks on trees
or posts on the property which are:
(A) vertical lines of not less than eight inches in length and not less than one inch
in width;
(B) placed so that the bottom of the mark is not less than three feet from the ground
nor more than five feet from the ground; and
(C) placed at locations that are readily visible to a person approaching the property
and no more than 100 feet apart.
(2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes
a misdemeanor of the third degree if the offender defies an order to leave personally
communicated to him by the owner of the premises or other authorized person. An offense
under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it
is a summary offense.
(3) Paragraph (1)(vi) shall not apply in a county of the first class or a county of the
second class.
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do
so, he enters or remains in any place for the purpose of:
(i) threatening or terrorizing the owner or occupant of the premises;
(ii) starting or causing to be started any fire upon the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is not licensed or privileged to do
so he:
(i) enters or remains on any agricultural or other open lands when such lands are posted
in a manner prescribed by law or reasonably likely to come to the person's attention
or are fenced or enclosed in a manner manifestly designed to exclude trespassers or
to confine domestic animals; or
(ii) enters or remains on any agricultural or other open lands and defies an order not
to enter or to leave that has been personally communicated to him by the owner of
the lands or other authorized person.
(2) An offense under this subsection shall be graded as follows:
(i) An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and
is punishable by imprisonment for a term of not more than one year and a fine of not
less than $250.
(ii) An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree
and is punishable by imprisonment for a term of not more than two years and a fine
of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase "agricultural or other open lands"
shall mean any land on which agricultural activity or farming as defined in section
3309 (relating to agricultural vandalism) is conducted or any land populated by forest
trees of any size and capable of producing timber or other wood products or any other
land in an agricultural security area as defined in the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, or any area zoned for agricultural
use.
(b.3) Agricultural biosecurity area trespasser.--
(1) A person commits an offense if the person does any of the following:
(i) Enters an agricultural biosecurity area, knowing that the person is not licensed or
privileged to do so.
(ii) Knowingly or recklessly fails to perform reasonable measures for biosecurity that
by posted notice are required to be performed for entry to the agricultural biosecurity
area.
(2) It is a defense to prosecution under paragraph (1)(ii) that:
(i) no reasonable means or method was available to perform the measures that the posted
notice required to be performed for entry to the agricultural biosecurity area;
(ii) entry is made in response to a condition within the agricultural biosecurity area
that the person reasonably believes to be a serious threat to human or animal health
as necessitating immediate entry to the agricultural biosecurity area; or
(iii) entry is made under exigent circumstances by a law enforcement officer to:
(A) pursue and apprehend a suspect of criminal conduct reasonably believed by the officer
to be present within the agricultural biosecurity area; or
(B) prevent the destruction of evidence of criminal conduct reasonably believed by the
officer to be located within the agricultural biosecurity area.
(3) (i) Except as set forth in subparagraph (iii), an offense under paragraph (1)(i) constitutes
a misdemeanor of the third degree.
(ii) Except as set forth in subparagraph (iii), an offense under paragraph (1)(ii) constitutes
a summary offense.
(iii) If an offense under paragraph (1) causes damage to or death of an animal or plant
within an agricultural biosecurity area, the offense constitutes a misdemeanor of
the first degree.
(4) For purposes of this subsection, the terms "agricultural biosecurity area" and "posted
notice" shall have the meanings given to them in 3 Pa.C.S. § 2303 (relating to definitions).
(c) Defenses.--It is a defense to prosecution under this section that:
(1) a building or occupied structure involved in an offense under subsection (a) of this
section was abandoned;
(2) the premises were at the time open to members of the public and the actor complied
with all lawful conditions imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the premises, or other person empowered
to license access thereto, would have licensed him to enter or remain.
(c.1) Applicability.--This section shall not apply to an unarmed person who enters onto posted property
for the sole purpose of retrieving a hunting dog.
(c.2) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating
to adoption of guidelines for sentencing), shall provide for a sentencing enhancement
for courts to consider in cases involving criminal trespass where a domestic animal
is harmed or killed in the course of the criminal trespass.
(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds
of any elementary or secondary publicly funded educational institution, any elementary
or secondary private school licensed by the Department of Education, any elementary
or secondary parochial school, any certified day-care center or any licensed preschool
program.
(June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995, P.L.334, No.53, eff.
60 days; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Oct. 2, 2002, P.L.806, No.116,
eff. imd.; Nov. 23, 2010, P.L.1360, No.125, eff. imd.; Nov. 6, 2014, P.L.2921, No.192,
eff. 60 days; Nov. 27, 2019, P.L.714, No.103, eff. 60 days; July 11, 2022, P.L.719,
No.60, eff. 60 days)
2022 Amendment. Act 60 added subsec. (c.2).
2019 Amendment. Act 103 amended subsec. (b)(1) and added subsecs. (b)(3) and (c.1).
2016 Unconstitutionality. Act 192 of 2014 was declared unconstitutional. Leach v. Commonwealth, 141 A.3d 426
(Pa. 2016). The Legislative Reference Bureau effectuated the 2016 unconstitutionality.
2014 Amendment. Act 192 amended subsecs. (b.1) and (d).
2010 Amendment. Act 125 added subsec. (b.3).
2002 Amendment. Act 116 amended subsec. (b) and added subsec. (d).
1998 Amendment. Act 121 added subsec. (b.2).
1978 Amendment. Act 76 amended subsec. (a).
Cross References. Section 3503 is referred to in sections 2710, 3019, 3311, 6105, 9122.1 of this title;
section 2303 of Title 3 (Agriculture); section 2314 of Title 34 (Game); sections 3573,
6328 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
324
cases (
74 in the last 5 years), 1974–2026 · leading case:
Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006).
Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006).
· cites it 10× “§ 3502(a), and one count of criminal trespass, 18 Pa.C.S. § 3503. The sole issue on appeal is whether the trial court erred in sentencing appellant to consecutive sentences for burglary and criminal trespass where one act was involved and the same facts established nearly…”
Commonwealth v. Tate, 432 A.2d 1382 (Pa. 1981).
· cites it 11× “On March 27, 1976, appellants were arrested on the campus of Muhlenberg College and charged with the summary offense of defiant trespass, 18 Pa.C.S. § 3503(b), when they refused to discontinue the peaceful distribution of leaflets outside a college building in which Clarence…”
Commonwealth v. Hagan, 654 A.2d 541 (Pa. 1995).
· cites it 12× “§ 3925 [4] 18 Pa.C.S. § 3503 [5] 18 Pa.C.S. § 903 [6] 18 Pa.”
Com. v. Reed, S., 216 A.3d 1114, 2019 PA Super 237 (Pa. Super. Ct. 2019).
· cites it 5× “§3502(a)(4), Burglary, and under 18 Pa.C.S. §3503(a)(1)(ii), Criminal Trespass? 2.”
Commonwealth v. Wanner, 158 A.3d 714 (Pa. Super. Ct. 2017).
· cites it 4× “]” 18 Pa.C.S. § 3503(b)(l)(i). “Thus in order to establish a violation it is necessary to prove that the defendant: 1) entered.”
Commonwealth v. Grove, 170 A.3d 1127 (Pa. Super. Ct. 2017).
· cites it 2× “In 1978, Grove, pleaded guilty to violating the criminal trespass statute, 18 Pa. C.S. § 3503(a), by unlawfully entering a State College train station.”
Com. v. Powanda, J., 304 A.3d 1284, 2023 PA Super 234 (Pa. Super. Ct. 2023).
· cites it 8× “1 18 Pa.C.S. §§ 3503(b)(1)(i) and 5503(a)(1), respectively.”
Commonwealth v. Wright, 961 A.2d 119 (Pa. 2008).
· cites it 2× “Appellant argues counsel were ineffective for failing to call forensic expert Dr. Karl Williams to refute the evidence the shots in the closet's drywall demonstrated a grave risk of danger to the other people in the room.”
Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004).
· cites it 2× “[14] 18 Pa.C.S. § 3503(a)(1)(i). [15] On the same day, in Information No.”
Commonwealth v. Namack, 663 A.2d 191 (Pa. Super. Ct. 1995).
· cites it 4× “2d 660 (1978) (holding that parallel language in 18 Pa.C.S. § 3503(a), defining crime of criminal trespass with respect to occupied buildings or structures, includes an element of scienter); Commonwealth v.”
Commonwealth v. McBride, 595 A.2d 589 (Pa. 1991).
· cites it 3× “NOTES [1] Criminal trespass is defined in our Crimes Code at 18 Pa.C.S. § 3503, which provides in relevant part that "[a] person commits an offense if, knowing that he is not licensed or privileged to do so, he.”
Commonwealth v. Bennett, 124 A.3d 327 (Pa. Super. Ct. 2015).
· cites it 2× “18 Pa.C.S. § 3503(b)(l)(i). The evidence presented at trial demonstrated Bennett had been informed multiple times he was not to be on Li’s Kitchen’s property.”
18 Pa. Cons. Stat. § 3503(1)(i): 1 case
18 Pa. Cons. Stat. § 3503(1)(ii): 1 case
18 Pa. Cons. Stat. § 3503(A): 1 case
18 Pa. Cons. Stat. § 3503(A)(1): 1 case
18 Pa. Cons. Stat. § 3503(A1)(i): 1 case
18 Pa. Cons. Stat. § 3503(B)(1)(II): 1 case
18 Pa. Cons. Stat. § 3503(a): 26 cases
Commonwealth v. Grove, 170 A.3d 1127 (Pa. Super. Ct. 2017).
“In 1978, Grove, pleaded guilty to violating the criminal trespass statute, 18 Pa. C.S. § 3503(a), by unlawfully entering a State College train station.”
Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006).
“§ 3502(a), and one count of criminal trespass, 18 Pa.C.S. § 3503. The sole issue on appeal is whether the trial court erred in sentencing appellant to consecutive sentences for burglary and criminal trespass where one act was involved and the same facts established nearly…”
Commonwealth v. Hagan, 654 A.2d 541 (Pa. 1995).
“§ 3925 [4] 18 Pa.C.S. § 3503 [5] 18 Pa.C.S. § 903 [6] 18 Pa.”
Commonwealth v. Namack, 663 A.2d 191 (Pa. Super. Ct. 1995).
“2d 660 (1978) (holding that parallel language in 18 Pa.C.S. § 3503(a), defining crime of criminal trespass with respect to occupied buildings or structures, includes an element of scienter); Commonwealth v.”
18 Pa. Cons. Stat. § 3503(a)(1): 20 cases
Commonwealth v. Jones, 912 A.2d 815 (Pa. 2006).
“§ 3502(a), and one count of criminal trespass, 18 Pa.C.S. § 3503. The sole issue on appeal is whether the trial court erred in sentencing appellant to consecutive sentences for burglary and criminal trespass where one act was involved and the same facts established nearly…”
18 Pa. Cons. Stat. § 3503(a)(1)(B): 1 case
18 Pa. Cons. Stat. § 3503(a)(1)(h): 2 cases
18 Pa. Cons. Stat. § 3503(a)(1)(i): 45 cases
Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004).
“[14] 18 Pa.C.S. § 3503(a)(1)(i). [15] On the same day, in Information No.”
18 Pa. Cons. Stat. § 3503(a)(1)(ii): 49 cases
Com. v. Reed, S., 216 A.3d 1114, 2019 PA Super 237 (Pa. Super. Ct. 2019).
“§3502(a)(4), Burglary, and under 18 Pa.C.S. §3503(a)(1)(ii), Criminal Trespass? 2.”
Commonwealth v. McBride, 595 A.2d 589 (Pa. 1991).
“NOTES [1] Criminal trespass is defined in our Crimes Code at 18 Pa.C.S. § 3503, which provides in relevant part that "[a] person commits an offense if, knowing that he is not licensed or privileged to do so, he.”
18 Pa. Cons. Stat. § 3503(a)(11): 1 case
18 Pa. Cons. Stat. § 3503(a)(2): 9 cases
Commonwealth v. Wright, 961 A.2d 119 (Pa. 2008).
“Appellant argues counsel were ineffective for failing to call forensic expert Dr. Karl Williams to refute the evidence the shots in the closet's drywall demonstrated a grave risk of danger to the other people in the room.”
Com. v. Reed, S., 216 A.3d 1114, 2019 PA Super 237 (Pa. Super. Ct. 2019).
“§3502(a)(4), Burglary, and under 18 Pa.C.S. §3503(a)(1)(ii), Criminal Trespass? 2.”
18 Pa. Cons. Stat. § 3503(a)(3): 9 cases
Com. v. Reed, S., 216 A.3d 1114, 2019 PA Super 237 (Pa. Super. Ct. 2019).
“§3502(a)(4), Burglary, and under 18 Pa.C.S. §3503(a)(1)(ii), Criminal Trespass? 2.”
18 Pa. Cons. Stat. § 3503(a)(ii): 1 case
18 Pa. Cons. Stat. § 3503(a)(l): 3 cases
18 Pa. Cons. Stat. § 3503(a)(l)(i): 9 cases
Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004).
“[14] 18 Pa.C.S. § 3503(a)(1)(i). [15] On the same day, in Information No.”
18 Pa. Cons. Stat. § 3503(a)(l)(ii): 4 cases
18 Pa. Cons. Stat. § 3503(b): 29 cases
Commonwealth v. Hagan, 654 A.2d 541 (Pa. 1995).
“§ 3925 [4] 18 Pa.C.S. § 3503 [5] 18 Pa.C.S. § 903 [6] 18 Pa.”
Commonwealth v. Tate, 432 A.2d 1382 (Pa. 1981).
“On March 27, 1976, appellants were arrested on the campus of Muhlenberg College and charged with the summary offense of defiant trespass, 18 Pa.C.S. § 3503(b), when they refused to discontinue the peaceful distribution of leaflets outside a college building in which Clarence…”
18 Pa. Cons. Stat. § 3503(b)(1): 8 cases
Commonwealth v. Namack, 663 A.2d 191 (Pa. Super. Ct. 1995).
“2d 660 (1978) (holding that parallel language in 18 Pa.C.S. § 3503(a), defining crime of criminal trespass with respect to occupied buildings or structures, includes an element of scienter); Commonwealth v.”
18 Pa. Cons. Stat. § 3503(b)(1)(H): 1 case
18 Pa. Cons. Stat. § 3503(b)(1)(i): 31 cases
Com. v. Powanda, J., 304 A.3d 1284, 2023 PA Super 234 (Pa. Super. Ct. 2023).
“1 18 Pa.C.S. §§ 3503(b)(1)(i) and 5503(a)(1), respectively.”
18 Pa. Cons. Stat. § 3503(b)(1)(ii): 9 cases
18 Pa. Cons. Stat. § 3503(b)(1)(iii): 2 cases
18 Pa. Cons. Stat. § 3503(b)(1)(y): 1 case
18 Pa. Cons. Stat. § 3503(b)(2): 4 cases
18 Pa. Cons. Stat. § 3503(b)(l)(i): 6 cases
Commonwealth v. Wanner, 158 A.3d 714 (Pa. Super. Ct. 2017).
“]” 18 Pa.C.S. § 3503(b)(l)(i). “Thus in order to establish a violation it is necessary to prove that the defendant: 1) entered.”
Commonwealth v. Bennett, 124 A.3d 327 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 3503(b)(l)(i). The evidence presented at trial demonstrated Bennett had been informed multiple times he was not to be on Li’s Kitchen’s property.”
18 Pa. Cons. Stat. § 3503(b)(l)(ii): 3 cases
18 Pa. Cons. Stat. § 3503(b)(l)(iii): 3 cases
18 Pa. Cons. Stat. § 3503(b)(l)(v): 1 case
18 Pa. Cons. Stat. § 3503(c): 5 cases
18 Pa. Cons. Stat. § 3503(c)(1): 1 case
18 Pa. Cons. Stat. § 3503(c)(2): 11 cases
Commonwealth v. Tate, 432 A.2d 1382 (Pa. 1981).
“On March 27, 1976, appellants were arrested on the campus of Muhlenberg College and charged with the summary offense of defiant trespass, 18 Pa.C.S. § 3503(b), when they refused to discontinue the peaceful distribution of leaflets outside a college building in which Clarence…”
Com. v. Powanda, J., 304 A.3d 1284, 2023 PA Super 234 (Pa. Super. Ct. 2023).
“1 18 Pa.C.S. §§ 3503(b)(1)(i) and 5503(a)(1), respectively.”
Commonwealth v. Wanner, 158 A.3d 714 (Pa. Super. Ct. 2017).
“]” 18 Pa.C.S. § 3503(b)(l)(i). “Thus in order to establish a violation it is necessary to prove that the defendant: 1) entered.”
18 Pa. Cons. Stat. § 3503(c)(3): 5 cases
Com. v. Powanda, J., 304 A.3d 1284, 2023 PA Super 234 (Pa. Super. Ct. 2023).
“1 18 Pa.C.S. §§ 3503(b)(1)(i) and 5503(a)(1), respectively.”
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