Halloween is considered by many to be one of the most enjoyable holidays of the year. Everyone can participate, no matter what their religion is. While younger kids will look forward to trick or treating, older kids and even some adults may be tempted to sneak into old abandoned homes and buildings in pursuit of a quick thrill. However, doing so is risky as it could result in trespassing charges. And if you get those, who are you going to call? (Hint: Not Ghostbusters.)
Trespassing Laws in Arizona
It’s illegal to enter into or remain on someone’s property in Arizona without permission. The following are three degrees of penalties that you may incur as a result:
- Felony First-Degree Criminal Trespass – It’s a Class 6 felony if you enter or remain on a residential structure or on a public services facility unlawfully or if you remain on the person’s property and either burn, manipulate or deface a religious symbol without the owner’s permission. You can be punished by up to 18 months in prison and $150,000 in fines.
- Misdemeanor First-Degree Criminal Trespass – It’s a Class 1 misdemeanor if you enter or remain in a fenced-in residential yard or a residential yard that looks into a residential structure. It’s also a first-degree misdemeanor if the property you enter or remain on has a mineral claim and you’re intending to hold, work or take those minerals. This is punishable by up to six months in prison and $2,500 in fines.
- Misdemeanor Second-Degree Criminal Trespass – It’s a Class 2 misdemeanor if you enter or remain on a nonresidential property or any commercial fenced-in yard unlawfully and is punishable by up to four months in prison and $750 in fines.
Have a good Halloween by avoiding any trespassing and by driving safely. If you are arrested on Halloween, contact us at Pinnacle Law today for professional legal advice.