Criminal Trespass
IC 35-43-2-2 · Class A Misdemeanor baseline, enhanced to Level 6 or Level 5 Felony — see chart below
Entering or refusing to leave property when the suspect has no contractual interest in it and entry has been denied. Several other statutory paths also fall under this section — confirm which one fits before charging.
Felony enhancement chart
| Circumstance | Charge |
|---|---|
| On a scientific research facility, public utility facility, school property, or a school bus | Level 6 Felony |
| Prior unrelated conviction under this section involving the SAME property | Level 6 Felony |
| Agricultural property damage: $750 - under $50,000 | Level 6 Felony |
| Agricultural or research facility property damage: $50,000 or more | Level 5 Felony |
Core elements (most common scenario — denied entry or refused to leave)
- 1
The suspect had no contractual interest in the property
- 2
The suspect knowingly or intentionally entered after being denied entry, OR refused to leave after being asked
- 3
How entry can be legally denied (any ONE of these counts):
- 4
OTHER WAYS THIS CRIME CAN BE COMMITTED (less common — confirm which applies if the standard scenario above doesn't fit):
Unlock the complete Fact Prompts, Narrative Guide, and Closing Checklist for this offense.
Start 30-Day Free TrialReference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-43-2-2, current through the 2026 Indiana Code (iga.in.gov).