Criminal Trespass in New Hampshire

New Hampshire Criminal Defense Lawyers

Criminal Trespass in New Hampshire can be a serious criminal offense. It can be charged as a violation, a misdemeanor, and even a felony. Criminal trespass can occur in several circumstances; it isn’t confined to someone breaking into a home or business.

Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor. Any subsequent offense during which the offender causes more than $1,500 worth of damage to the other person’s property is classified as a felony.

The state delineates a misdemeanor criminal trespass charge as such:

• The trespass happens in any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein;
• The person knowingly remains in any secured premises;
• The person knowingly remains in a place after being ordered to leave or to not enter which was personally communicated by the owner or other authorized person;
• The person enters or remains in a place in defiance of a court order restraining him from entering.

All Other Criminal Trespass is a Violation

Criminal trespass can occur under a number of scenarios. For example: If someone has been asked to leave a bar or restaurant and refuses, they are committing criminal trespass. Because the bouncer, owner, or other authorized person has asked the patron to leave and they refuse, this could result in a misdemeanor charge of criminal trespass.

If that same person went back to the bar and committed a subsequent offense, and in the process damages chairs, tables or property causing $1,500 worth of damage, he or she could wind up facing a felony criminal trespass charge.