Criminal Trespass in Connecticut (C.G.S. §§ 53a-107, 53a-108, 53a-109)

Criminal trespass charges in Connecticut can arise in a wide range of situations. These cases do not always involve forced entry or “breaking in” or forced entry. In many cases, a person is accused of being somewhere after permission was revoked, entering posted land, or returning to property in violation of a court order.

Connecticut law separates criminal trespass into three different offenses:

Criminal Trespass in the First Degree – C.G.S. § 53a-107
Criminal Trespass in the Second Degree – C.G.S. § 53a-108
Criminal Trespass in the Third Degree – C.G.S. § 53a-109

Each offense is a misdemeanor, but the level of charge and possible penalties depend on the facts of the case.

If you were arrested for trespass in Connecticut, understanding the exact charge is critical. We defend individuals facing property-related charges through our Connecticut criminal defense practice.

Criminal Trespass in the First Degree – C.G.S. § 53a-107

Under Connecticut law, a person may be charged with Criminal Trespass in the First Degree when they knowingly enter or remain on property without license or privilege in specific circumstances defined by statute, often involving prior orders, restricted locations, or designated areas.

Because these cases often involve prior warnings or court orders, the surrounding facts can be important.

Criminal Trespass in the Second Degree – C.G.S. § 53a-108

A person may be charged with Criminal Trespass in the Second Degree when, knowing they are not licensed or privileged to do so, they enter or remain unlawfully in a building or on premises.

These cases may arise from disputes involving residences, businesses, offices, or other property.

Criminal Trespass in the Third Degree – C.G.S. § 53a-109

Criminal Trespass in the Third Degree usually involves entering or remaining on certain land or property that is clearly restricted, or after clearly being told not to do so.

A person may be charged when, knowing they are not licensed or privileged to do so, they enter or remain on premises that are posted, fenced, or otherwise enclosed to exclude intruders; on land belonging to the state and connected to a state institution; or on land used for hunting, trapping, or fishing that is posted or otherwise restricted.

Common Connecticut Trespass Arrest Scenarios

Trespass charges can happen in everyday disputes and misunderstandings. Examples include:

Returning to Property After Being Told Not to Enter

A person returns to a business, private property, or residence after receiving a direct warning not to come back.

Domestic or Family Disputes

Arguments involving shared residences, former partners, or family members can lead to allegations that one person no longer had permission to remain.

Entering Posted or Fenced Land

Walking onto clearly posted, fenced, or enclosed land may lead to a third-degree trespass charge.

Violating Court Orders

Returning to a location despite a qualifying restraining or protective order can create criminal exposure.

Penalties for Criminal Trespass in Connecticut

Because trespass offenses are misdemeanors under these statutes, potential consequences may include:

Fines
Probation
Conditional discharge
Possible jail sentence depending on the charge and circumstances
Protective or no-contact orders in appropriate cases
A permanent criminal record unless the case is dismissed or otherwise resolved favorably

The actual outcome depends on the degree charged, criminal history, and the facts alleged. Having the right legal guidance can help prevent unnecessary penalties or escalation of the case.

Juvenile Trespass Charges in Connecticut

When a person accused of criminal trespass in Connecticut is under the age of 18, the matter is often handled in the Connecticut juvenile court system rather than the regular adult criminal court. Juvenile proceedings are different from adult cases in both procedure and purpose, and families should understand that the process can move quickly.

While juvenile courts often place a greater emphasis on rehabilitation than punishment, a trespass allegation should still be taken seriously. Depending on the facts, a child may face court supervision, probation involvement, counseling requirements, community service, school-related consequences, curfews, restrictions on movement, or ongoing court review dates. In some cases, the allegation may be tied to broader issues such as peer pressure, school conflict, family stress, behavioral health concerns, or prior police contact. Addressing those issues early can be extremely important.

Connecticut juvenile law also has its own rules regarding confidentiality, court records, parental involvement, detention issues, diversionary opportunities, and services designed to keep children from deeper court involvement. Programs may be available in some cases that focus on accountability, education, treatment, and avoiding future charges, but these options are often most effective when pursued early and strategically.

Because of these differences, it is important for families to speak with counsel who regularly handles juvenile matters and understands how to advocate not only in court, but also with probation, schools, service providers, and families. Juvenile defense is one of the most focused areas of practice at Flannery Law. Our firm regularly represents children and families throughout Connecticut and understands that protecting a young person’s future, education, and long-term opportunities is often just as important as resolving the immediate charge. You can see our strong track record in juvenile matters here.

Courts Covered for Trespass Cases Across Connecticut

Criminal Trespass cases are prosecuted in the Connecticut Superior Court.

We represent clients charged with trespass offenses in courts throughout Connecticut, including:

We represent clients with Juvenile charges in the following Courts throughout Connecticut, including:

Procedures and diversionary options may vary by courthouse and case history.

What To Do If You Are Charged With Criminal Trespass in Connecticut

If you have been arrested or summoned to court:

Do not return to the property involved unless legally authorized
Follow any protective, restraining, or no-contact orders
Preserve texts, emails, leases, deeds, or other records showing permission or residency rights
Appear in court on time
Speak with a Connecticut criminal defense lawyer as soon as possible

Early action can make a significant difference in protecting your record and resolving the case. If you are facing Criminal Trespass in the First, Second, or Third Degree in Connecticut, speaking with an experienced defense attorney can help you understand the charge, possible defenses, and the best strategy before your next court date.

Legal Disclaimer

The information and articles on this website are provided for general informational purposes only and are not legal advice. Viewing this website does not create an attorney-client relationship. Laws and legal developments may change, and some content may not reflect the most recent updates. Case outcomes depend on the specific facts, prior record where applicable, relevant statutes, and court rulings.

Criminal Trespass in Connecticut (C.G.S. §§ 53a-107, 53a-108, 53a-109)