Washington’s Trespass Laws What Counts as Criminal vs Civil Trespass

Trespass in Washington: Not All Trespassing Is a Crime

We’ve all seen signs that say “No Trespassing” or “Private Property”, but what does trespass actually mean under Washington law? And more importantly, when does it become criminal trespass — something that can get you arrested — versus a civil trespass, which could lead to a lawsuit but not jail time?

At the Law Office of Erin Bradley McAleer, we help clients on both sides of these disputes: those facing criminal charges, and those looking to protect their property rights. Here’s what you need to know about how Washington defines and enforces trespass laws.

What Is Criminal Trespass in Washington?

Under RCW 9A.52.070 and .080, Washington defines criminal trespass as knowingly entering or remaining unlawfully on someone else’s property. There are two degrees of criminal trespass:

  • Criminal Trespass in the First Degree (RCW 9A.52.070):
    This involves knowingly entering or remaining unlawfully in a building. It’s a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine.
  • Criminal Trespass in the Second Degree (RCW 9A.52.080):
    This typically applies when someone unlawfully enters or remains on open land (like a field, yard, or parking lot). It’s a simple misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.

To convict someone of criminal trespass, prosecutors must show that the person knew they weren’t allowed to be there — often through posted signage, verbal warnings, or fencing. In some cases, intent is inferred from behavior (for example, trying to hide or running when approached).

What Is Civil Trespass?

Civil trespass is a private legal claim, not a criminal charge. It occurs when someone intentionally enters or remains on property without permission — even briefly — and the property owner suffers some interference with their right to exclusive use.

Examples include:

  • Someone repeatedly walking across your land to take a shortcut
  • A neighbor building a fence that crosses your property line
  • A tree trimming company working on your land without permission

Civil trespass cases are usually resolved through lawsuits in superior or small claims court. The property owner can seek damages (if they suffered financial loss) or injunctive relief (like a court order to stop the trespass or remove a structure).

How Can You Tell the Difference?

The key differences between criminal vs civil trespass usually come down to intent, notice, and impact.

  • If a person knew they weren’t allowed on the property and stayed anyway — that’s criminal trespass.
  • If a person wandered onto private land without malicious intent or wasn’t aware of the boundary — that’s usually civil.
  • If the police are involved and arrest is possible — it’s likely a criminal issue.
  • If it’s more about boundary disputes or property damage — it’s likely civil.

Sometimes a single act can lead to both a criminal charge and a civil lawsuit.

What Should You Do If You’re Accused of Trespassing?

If you’ve been cited or arrested for trespass in Washington, don’t assume it’s a minor issue. A criminal trespass conviction can show up on your record and impact your future housing, employment, or immigration status.

We advise anyone facing criminal trespass charges to contact an attorney right away. There may be defenses available — such as lack of intent, misunderstanding of property lines, or permission — that can prevent a conviction or reduce the charges.

What If Someone Is Trespassing on Your Property?

If someone is regularly entering your property without permission, take proactive steps:

  1. Post clear “No Trespassing” signs
  2. Document incidents with photos or video
  3. Ask the person to leave and keep a record of the request
  4. Contact local law enforcement if they refuse
  5. Speak with a lawyer to determine whether a civil suit is appropriate

Know Your Rights — and Your Risks

Whether you’ve been charged with trespass or you’re dealing with someone unlawfully entering your land, understanding the line between criminal vs civil trespass can make all the difference. At the Law Office of Erin Bradley McAleer, we’re here to help you protect your rights — in and out of court. Contact us today to schedule a consultation. Let’s talk through your options and build the strategy that’s right for you.