What is trespassing and when is it a felony?

Trespass covers entering or remaining in a structure, conveyance, or on land without being authorized, licensed, or invited — or remaining after being warned to leave by someone with authority.

Most trespass is a misdemeanor, and the degree depends on whether the property was occupied and what was entered.

It becomes a felony where the person is armed with a firearm or dangerous weapon. That's armed trespass, and it's a third-degree felony. This has become more relevant with open carry — a person lawfully carrying who refuses to leave private property after being asked can face a felony charge, and that's now one of the more common ways otherwise-lawful carriers get arrested.

The warning element matters. Where the trespass depends on a warning to depart, who gave it, whether they had authority, and whether it was actually communicated are all contestable.

Trespass is also frequently a lesser included offense in burglary cases, which makes it relevant to how those resolve.