Short answer: North Carolina has two main trespass crimes. First degree trespass under G.S. 14-159.12 covers entering or staying in a building or on enclosed or secured premises without authorization and is generally a Class 2 misdemeanor. Second degree trespass under G.S. 14-159.13 covers staying after being told to leave or entering posted property, a Class 3 misdemeanor, or being on the curtilage of someone’s home between midnight and 6:00 a.m., a Class 2 misdemeanor.
Second degree trespass
Under G.S. 14-159.13, a person commits second degree trespass by entering or remaining, without authorization:
- On premises after being told not to enter or remain by the owner, a person in charge, a lawful occupant, or another authorized person (Class 3 misdemeanor).
- On premises posted with notice not to enter, in a way reasonably likely to come to an intruder’s attention (Class 3 misdemeanor).
- On the curtilage of another person’s dwelling between midnight and 6:00 a.m. (Class 2 misdemeanor).
First degree trespass
Under G.S. 14-159.12, first degree trespass is entering or remaining without authorization in the building of another, or on premises so enclosed or secured as to clearly show an intent to keep out intruders. It is a Class 2 misdemeanor in most cases.
The statute makes it a felony in specific situations. It is a Class I felony when the trespass is at certain protected facilities, such as public water system facilities, agricultural facilities, energy facilities, or public wastewater facilities, and the person entered a building or climbed over or went under a fence or barrier to reach it. It becomes a Class G felony if, in addition, the person intended to disrupt the facility or put people at risk of serious bodily injury. It is also a Class I felony, with a fine of at least $1,000, when a person reenters property after being removed under a valid order or writ for possession, or creates false evidence of ownership.
Penalties at a glance
| Charge | Class | Range with no prior convictions (G.S. 15A-1340.23) |
|---|---|---|
| Second degree, after notice or posted property | Class 3 misdemeanor | Fine only if three or fewer priors; maximum fine $200 |
| Second degree, home curtilage midnight to 6:00 a.m. | Class 2 misdemeanor | 1 to 30 days, community punishment; maximum fine $1,000 |
| First degree, building or secured premises | Class 2 misdemeanor | 1 to 30 days, community punishment; maximum fine $1,000 |
| First degree at a protected facility, or reentry after a writ of possession | Class I felony (Class G in aggravated facility cases) | Felony grid, depends on prior record |
Defenses
- You had authorization or a reasonable belief that you did, such as permission from a tenant or co-owner.
- You were never told to leave, or the posting was not reasonably likely to come to your attention.
- The premises were not enclosed or secured in a way that clearly showed intent to keep people out.
- For felony counts, the facility does not meet the statutory definition or you did not cross a barrier or enter a building.
Trespass is often charged alongside other offenses, such as breaking and entering. See our burglary and breaking and entering page and our misdemeanor defense page. A first misdemeanor may be a candidate for later expunction; see our expunction guide.
Frequently asked questions
What is second degree trespass in North Carolina?
Under G.S. 14-159.13, it is entering or remaining on property without authorization after being told not to, or on property posted against entry (Class 3 misdemeanor), or on the curtilage of another person’s home between midnight and 6:00 a.m. (Class 2 misdemeanor).
Is trespassing a felony in North Carolina?
Usually not. First degree trespass is generally a Class 2 misdemeanor. G.S. 14-159.12 makes it a felony only in listed situations, such as trespass at certain water, energy, agricultural, or wastewater facilities, or reentry after removal under a writ of possession.
What is the penalty for a Class 3 misdemeanor trespass?
Under G.S. 15A-1340.23, a person with three or fewer prior convictions generally receives a fine only, and the maximum fine is $200 unless another statute provides otherwise.
If you are facing this situation, call Martine Law before your court date for a free consultation with our Director of Client Engagement. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (704) 842-3411 or (919) 925-4613, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.