What's the difference between defiant trespass and breaking into a building?

Defiant trespass under § 3503(b) is entering or remaining after being told not to, by a sign, fencing, or direct communication, and is graded as a misdemeanor. Breaking into a building under § 3503(a)(1) is a felony that requires an actual forced or unauthorized entry into a structure.

Can I be charged with defiant trespass just for ignoring a 'no trespassing' sign?

Yes, potentially — a posted sign can satisfy the notice requirement under § 3503(b), though whether the sign was clearly visible and applicable to the area entered is a factual question worth examining.

What's the difference between criminal trespass and burglary?

Both involve unlawful entry, but burglary under § 3502 additionally requires intent to commit a separate crime once inside. Where that intent can't be proven, trespass under § 3503 is often the charge that's actually sustainable.

Is trespass always a misdemeanor?

No. Breaking into a building or occupied structure under § 3503(a)(1) is graded as a felony of the third degree, or a second-degree felony with additional aggravating facts. Only the defiant-trespass version under § 3503(b) is a misdemeanor.

Does it matter if someone verbally told me to leave versus a posted sign?

Yes. Defiant trespass is graded as a first-degree misdemeanor where notice was given by actual communication, compared to a third-degree misdemeanor where notice came from a sign or fencing.

Can theft charges be added to a trespass case?

Yes, if property was actually taken during the trespass, a separate theft count under § 3921 can be charged alongside it, graded under § 3903 based on the value involved.

Am I eligible for ARD on a criminal trespass charge?

It depends on the county, whether the charge is graded as a felony or misdemeanor, and the client's record — misdemeanor defiant trespass cases are more commonly eligible for diversion than felony break-in charges, but each case needs individual evaluation.

Can a criminal trespass conviction be expunged?

A misdemeanor trespass conviction may become eligible for expungement or sealing under Pennsylvania's record-relief framework after the applicable waiting period, while a felony conviction generally requires a pardon — the specifics depend on how the case was ultimately graded and resolved.

Theft & Property Crimes · Criminal Trespass

Criminal trespass covers everything from ignoring a posted sign to breaking into a building, and the grading gap between those is enormous.

Section 3503 covers a wide range of conduct under one label. On one end is defiant trespass — entering or remaining somewhere after being told not to, whether by a posted sign, a fence, or someone actually telling the person to leave — graded as a low-level misdemeanor. On the other end is breaking into a building or occupied structure, which is graded as a felony and often charged alongside, or in place of, burglary when the Commonwealth can't establish the intent-to-commit-a-crime-inside element that burglary requires. Because these two versions of the same statute carry such different exposure, the specific factual allegation in the affidavit of probable cause — how the person entered, whether they were told to leave, and what kind of property it was — is usually the whole case. I handle criminal trespass charges across Dauphin, Cumberland, York, and Adams counties, from the first court date through resolution.

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How Pennsylvania handles it

Criminal Trespass Under 18 Pa.C.S. § 3503 in Pennsylvania.

Section 3503(a)(1) criminalizes breaking into any building or occupied structure, or a separately secured or occupied portion of one, and is graded a felony of the third degree, rising to a felony of the second degree where the trespass is accompanied by other aggravating circumstances tied to the entry. Section 3503(b) covers defiant trespass — entering or remaining on property after being told not to, whether by direct communication, a posted notice, or fencing or other enclosure obviously designed to exclude intruders — graded a misdemeanor of the third degree in most cases, escalating to a misdemeanor of the first degree where notice was given by actual communication. Criminal trespass frequently overlaps with burglary under § 3502: where the Commonwealth can prove unlawful entry but not the intent to commit a separate crime once inside, trespass is often the fallback charge, and where both entry and intent are alleged, the two can be charged together subject to the same merger considerations that limit stacking convictions for the identical conduct. Related theft counts under § 3921 sometimes accompany a trespass charge where the entry was connected to an actual taking.

Statute: 18 Pa.C.S. § 3503[1][2]

Defenses & record relief

For clients without a significant record, ARD or another local diversionary program, negotiated resolution with restitution where property was involved, and later expungement of a misdemeanor trespass record are realistic goals I discuss from the outset.

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Criminal Trespass Under 18 Pa.C.S. § 3503: orders, grading, and maximum exposure under 18 Pa.C.S. § 3503
Order, offense & grading	Maximum exposure
§ 3503(a)(1) — breaking into a building or occupied structure Base felony grading for breaking into a building or a secured portion of one without the intent element needed for burglary.	Felony of the third degree, up to 7 years under § 1103
§ 3503(a) — aggravated circumstances Applies where the entry involves additional aggravating facts specific to the structure or the manner of entry.	Felony of the second degree, up to 10 years under § 1103
§ 3503(b) — defiant trespass, standard Applies to entering or remaining after notice not to, such as a posted sign or obvious enclosure.	Misdemeanor of the third degree, up to 1 year under § 1104
§ 3503(b) — defiant trespass, actual communication Applies where notice was given directly and personally, not just by a sign or fencing, before the person entered or remained.	Misdemeanor of the first degree, up to 5 years under § 1104
Related burglary exposure (§ 3502) Where the Commonwealth can also prove intent to commit a crime inside, the case may be charged as burglary rather than, or in addition to, trespass.	F1 or F2 depending on the structure and occupancy
Related theft counts (§ 3921) Charged separately where property was actually taken during the trespass.	Graded under § 3903 based on value

Statutory maximums are ceilings, not expected outcomes. In property-crime cases the number in the affidavit — the alleged value, the alleged prior offenses, the alleged entry — usually decides the grade long before anyone talks about a sentence.

Jurisdiction & court process

Where a criminal trespass matter is heard.

Preliminary hearing at the magisterial district court

Felony-grade trespass under § 3503(a)(1) proceeds through a preliminary arraignment and preliminary hearing before a magisterial district judge, the same as any other felony. Misdemeanor defiant-trespass cases under § 3503(b) are also initiated at the district court level and can sometimes be resolved there without proceeding further.

Common Pleas practice in Dauphin, Cumberland, York, and Adams counties

Felony trespass charges move to the court of common pleas after the preliminary hearing, and even misdemeanor cases can end up there depending on how they're charged; I represent clients on criminal trespass matters throughout Dauphin, Cumberland, York, and Adams counties.

How the affidavit's entry allegation drives grading

Whether the police report describes an actual break-in versus simply ignoring a sign or verbal warning is the single biggest factor separating a felony charge from a low-level misdemeanor, and whether notice was communicated directly versus posted matters for the misdemeanor tier as well.

Related counts charged alongside trespass

Trespass often appears as a lesser-included or companion charge alongside burglary, theft, or criminal mischief from the same incident, and how the Commonwealth stacks or amends those counts as the case develops is worth watching closely.

How we handle criminal trespass matters.

Challenge whether adequate notice was actually given
Defiant trespass under § 3503(b) requires notice against entry — through communication, posting, or fencing — and where that notice was ambiguous, absent, or not clearly communicated, the charge can be contested at its foundation.
Contest whether the entry constituted 'breaking in'
The felony version of trespass under § 3503(a)(1) requires breaking into a structure; entry through an already-open door or an area accessible to the public is a materially different fact pattern that undermines that grading.
Raise license or privilege to be present
As with burglary, a genuine license or privilege to enter, or a reasonable belief that entry was permitted, is a defense to trespass under the statute's own terms.
Push back on aggravated or felony grading where the facts don't support it
Where the entry facts more closely match a low-level defiant trespass than a felony break-in, that distinction should be raised early rather than accepted as charged.
Separate trespass from any related burglary or theft allegation
Where trespass is charged alongside burglary or theft from the same incident, each count's elements need to be independently tested rather than treated as automatically proven together.
Examine the reliability of identification and witness accounts
Trespass cases, especially defiant trespass, often turn on a property owner's or witness's account of who was present and what was said — inconsistencies in those accounts are worth developing.

Where we appear

Theft & property crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other theft & property crime guides.

FAQ

Frequently asked questions.

Common questions about criminal trespass in Pennsylvania — procedure, consequences, and the defenses that actually matter.

Defiant trespass under § 3503(b) is entering or remaining after being told not to, by a sign, fencing, or direct communication, and is graded as a misdemeanor. Breaking into a building under § 3503(a)(1) is a felony that requires an actual forced or unauthorized entry into a structure.
Yes, potentially — a posted sign can satisfy the notice requirement under § 3503(b), though whether the sign was clearly visible and applicable to the area entered is a factual question worth examining.
Both involve unlawful entry, but burglary under § 3502 additionally requires intent to commit a separate crime once inside. Where that intent can't be proven, trespass under § 3503 is often the charge that's actually sustainable.
No. Breaking into a building or occupied structure under § 3503(a)(1) is graded as a felony of the third degree, or a second-degree felony with additional aggravating facts. Only the defiant-trespass version under § 3503(b) is a misdemeanor.
Yes. Defiant trespass is graded as a first-degree misdemeanor where notice was given by actual communication, compared to a third-degree misdemeanor where notice came from a sign or fencing.
Yes, if property was actually taken during the trespass, a separate theft count under § 3921 can be charged alongside it, graded under § 3903 based on the value involved.
It depends on the county, whether the charge is graded as a felony or misdemeanor, and the client's record — misdemeanor defiant trespass cases are more commonly eligible for diversion than felony break-in charges, but each case needs individual evaluation.
A misdemeanor trespass conviction may become eligible for expungement or sealing under Pennsylvania's record-relief framework after the applicable waiting period, while a felony conviction generally requires a pardon — the specifics depend on how the case was ultimately graded and resolved.

[1]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.
[2]18 Pa.C.S. § 3502 — Burglary — F1 generally; F2 where the building is not adapted for overnight accommodation and no person is present.
[3]18 Pa.C.S. § 3921 — Theft by unlawful taking or disposition — taking movable property of another with intent to deprive. Graded under § 3903.
[4]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[5]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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