Compare · Burglary vs. Criminal Trespass
Walking through a door you shouldn't have is trespass. Walking through it to commit a crime inside is burglary.
Burglary under § 3502 and criminal trespass under § 3503 both punish unlawfully entering a building or structure, and they can look identical from the outside — someone went somewhere they weren't supposed to go. What separates them is intent: burglary requires that the person entered with the intent to commit a crime once inside, while criminal trespass only requires the unlawful entry itself, without any proof of what the person intended to do once there. Because intent has to be inferred from the circumstances — what was in someone's hands, what they said, whether anything was taken or disturbed — cases charged as burglary are often contestable on exactly that point, and a genuine trespass with no evidence of further criminal intent should not be graded or charged as a burglary.
The short answer
Burglary (§ 3502)
Burglary requires entering a building or occupied structure, or a separately secured portion of one, with the intent to commit a crime inside — the entry itself doesn't need to involve any breaking or force, but the Commonwealth must prove what the person intended to do once inside, whether that's a theft, an assault, or some other offense. Burglary is graded as a felony of the first degree in most cases, but drops to a felony of the second degree where the building isn't adapted for overnight accommodation and no person is present inside at the time of the offense — meaning an empty commercial building at night is treated differently than an occupied home. Because intent is often inferred rather than directly proven, burglary charges frequently turn on circumstantial evidence: what was found on the person, whether property was disturbed, and what they said when confronted.
Criminal trespass (§ 3503)
Criminal trespass punishes the unlawful entry itself, without requiring any proof of intent to commit a further crime inside. Its grading depends heavily on how the entry occurred: breaking into a structure is graded as a felony of the third degree, entry by breaking in is a felony of the second degree, and simple defiant trespass — entering or remaining after notice not to, such as a posted sign or a verbal warning — is graded as a misdemeanor of the third degree, rising to a misdemeanor of the first degree where the notice was given by actual communication to the person. Trespass is often the appropriate charge, or the appropriate reduction from a burglary charge, where someone genuinely entered a space they shouldn't have but there's no real evidence they intended to commit any additional crime once inside.
| What matters | Burglary (§ 3502) | Criminal trespass (§ 3503) |
|---|---|---|
| Governing statute | § 3502 | § 3503 |
| Core intent element | Intent to commit a crime inside the structure at the time of entry | No further criminal intent required — unlawful entry or remaining is itself the offense |
| How entry occurred matters | Not an element, though breaking in can support the intent inference | Directly drives grading — breaking into vs. breaking in vs. simple defiant entry |
| Highest grading | Felony of the first degree, structure adapted for overnight accommodation or person present | Felony of the third degree for breaking into a structure |
| Lower-tier grading | Felony of the second degree, structure not adapted for overnight accommodation and no person present | Misdemeanor of the third degree for defiant trespass after notice (posted or similar) |
| Notice requirement | Not an element of the offense | Central to the lowest tier — entering or remaining after notice not to |
| Typical evidence disputed | What the person intended to do inside — tools carried, statements made, items disturbed | Whether entry was actually unlawful and whether adequate notice was given |
| Common reduction path | Frequently reduced to criminal trespass when intent evidence is weak | Rarely reduced further, though grading tier (breaking in vs. defiant trespass) is often contested |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
When intent evidence is thin
If nothing was taken, nothing was disturbed, and there's no statement or physical evidence showing what the person supposedly intended to do inside, a burglary charge is often vulnerable to being reduced to criminal trespass, since intent can't just be assumed from the entry itself.
When occupancy affects grading
Whether the structure was adapted for overnight accommodation and whether anyone was present at the time can move a burglary charge between a first-degree and second-degree felony, so I look closely at how the building was actually used and who, if anyone, was inside.
When notice is the real issue in a trespass case
For a defiant trespass charge, the type of notice — a posted sign versus a direct verbal warning — determines whether the charge is graded as a misdemeanor of the third or first degree, and disputes over whether adequate notice was actually given are common.
What we look at first
I review the police narrative for anything that speaks to intent — tools, gloves, statements, or disturbed property — and separately look at how the Commonwealth is characterizing the entry itself, since those two things drive burglary and trespass grading differently.
Read next.
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see how retail theft grading works separately from burglary
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read about theft charges generally
How § 3921 and § 3903 handle straightforward property offenses.
learn how I approach intent-based charges generally
General overview of building a defense around a contested mental-state element.
get your burglary or trespass charge reviewed
Find out whether the evidence actually supports the intent element.
FAQ
Frequently asked questions.
Common questions about burglary vs. criminal trespass in Pennsylvania.
Yes — burglary only requires intent to commit a crime inside at the time of entry, not that the crime was actually completed, so nothing needs to have been taken for the charge to be filed.
Defiant trespass under § 3503 involves entering or remaining after being told not to, such as a posted sign, and is graded as a misdemeanor, while breaking into a structure involves force to gain entry and is graded as a felony.
It happens often, particularly when the Commonwealth can prove unlawful entry but doesn't have strong evidence of what the person intended to do once inside.
Yes — under § 3502, whether the structure is adapted for overnight accommodation and whether anyone was present inside affects whether the charge is graded as a first- or second-degree felony.
It can include a posted sign, a fence or enclosure, or actual verbal or written communication, and which type applied affects whether the charge is graded as a misdemeanor of the third or first degree.
Related pages
Assault charges in PA
Grading, sentencing ranges, and the reduction ladder for assault, harassment, and disorderly conduct.
Theft & property crimes in PA
Theft, RSP, retail theft, forgery, and bad checks — grading by value and the reduction ladder.
Drug charges in PA
Possession, PWID, marijuana, paraphernalia, prescription fraud, trafficking, and diversion.
DUI defense
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Sources & statutory citations
- [1]18 Pa.C.S. § 3502 — Burglary — F1 generally; F2 where the building is not adapted for overnight accommodation and no person is present.
- [2]18 Pa.C.S. § 3503 — Criminal trespass — F3 for breaking into a structure; F2 where the entry is by breaking in; M3 defiant trespass after notice, escalating to M1 where notice was given by actual communication.
- [3]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
- [4]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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