What Is Criminal Trespass in Massachusetts?

Chapter 266, Section 120 of the Massachusetts General Laws establishes criminal trespass as an act where a person, without right, enters or remains in a dwelling, building, boat, or improved or enclosed land of another after being forbidden to do so. A person commits the offense by:

• Going onto another person's land, building, or premises without the consent of the owner or lawful occupant
• Ignoring a posted "No Trespassing" or "Private Property" sign, which serves as a formal warning
• Refusing to leave after the property owner, an authorized agent, or law enforcement gives a direct, verbal order to depart.

The crucial element of the crime is forewarning. The person controlling the property must have given notice that entry or continued presence is forbidden, either directly (verbally) or by notice posted (a sign). Unless the individual has no right to be there initially, such as by breaking into a locked building, a warning must be given to establish the crime.

Criminal trespass does not require the person to commit an additional crime; the offense is complete when the individual intentionally enters or remains on the property without permission, knowing or having been notified that they are forbidden to do so.

How to Look Up Public Criminal Trespass Records in Massachusetts

There are several official options for accessing criminal trespassing records in Massachusetts. Similar to other Massachusetts court records, public criminal trespassing records are accessible for free through the Massachusetts Trial Court’s Online Case System. Interested individuals may use this online to search for trespass records as part of criminal case trial documents. For a small fee, record seekers may also request certified copies of these documents or those that are not accessible online through the Clerk of Courts in the case-originating county.

The Massachusetts Department of Criminal Justice Information Services (DCJIS) maintains a statewide official repository for criminal records. For a $25.00 search fee, information seekers may create accounts online, log in to the Criminal Offender Record Information (CORI) Report access platform, and access trespassing records as part of the offender's criminal history.

Information seekers should note that sealed, expunged, and juvenile trespassing records are not publicly disclosable.

Types of Criminal Trespass Offenses

Massachusetts considers criminal trespassing as a misdemeanor offense; these types of crimes may result in imprisonment or fines. The state does not signify the severity of a trespassing offense using first and second-degree or Class A and Class B designations. However, there are distinctions based on intent, notice, and the type of property involved. The types of criminal trespassing in Massachusetts include:

• Basic criminal trespass (or the standard form under Chapter 266, § 120 of the Massachusetts General Laws)
• Trespass on public or government property
• Trespass with Intent to commit another crime
• Trespassing after notice or warning.

In Massachusetts, trespassing is a misdemeanor offense. However, depending on the offender’s intent, history, and the property, a trespassing offense may escalate in severity and result in higher criminal charges.

Penalties for Criminal Trespass in Massachusetts

Criminal trespassing in Massachusetts is a misdemeanor punishable by fines and Imprisonment. A criminal conviction for trespassing on someone else's property in Massachusetts may result in Imprisonment of up to 30 days, in addition to potential fines of up to $100.00. However, the court may impose probation, a warning, or community service for a first-time offense. Although trespassing in Massachusetts is a misdemeanor, a trespassing offense becomes more serious if:

• It involves the use of arms or other weapons
• The offense occurs at night or in a dwelling
• The offender returns after a warning from the property owner or an authorized entity
• The crime is on government property
• The individual has criminal intent.

These aggravating factors may result in additional penalties or a ban, or elevate the crime to felonies, such as breaking and entering or burglary.

Can You Be Arrested for Criminal Trespass in Massachusetts?

Yes, trespassing is an arrestable offense in Massachusetts. In Massachusetts, prosecutors may file charges against individuals they suspect of trespassing if there is evidence, such as surveillance footage or witness statements.

There may be an arrest for trespassing if:

• An individual is physically present on another person's property without the owner's consent
• There is a clear notice that trespassers may face criminal charges. For instance, a “no trespassing” or “private property” sign
• The trespasser ignores instructions by the owner or an authorized individual to leave the premises.

However, not all trespassing incidents result in arrests. In some cases, law enforcement may issue a warning, a citation, or a summons instead of an arrest.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Massachusetts

Most people confuse trespassing with breaking in or burglary because these crimes all involve gaining unauthorized access to property. However, Massachusetts law classifies them differently based on severity and penalties.

Criminal trespassing involves a person entering or remaining on property without the owner's permission with no intent to commit additional crimes. The offense is complete simply by being present after being forbidden. Massachusetts law recommends a maximum imprisonment of 30 days for a conviction of simple criminal trespassing.

By comparison, both breaking and entering and burglary include the intent to commit additional crimes (such as larceny or assault) inside the structure. Massachusetts defines breaking in as gaining unauthorized access to a building, ship, vessel, or vehicle. The state classifies this offense as a felony punishable with up to 10 years in prison. Burglary is a more severe form of breaking in; it involves an unauthorized nighttime entry into a dwelling with the intent to commit a felony. A burglary conviction may result in a maximum penalty of life imprisonment, depending on the aggravating factors.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Massachusetts?

Yes, courts in Massachusetts may dismiss, reduce, or impose probation for trespass charges. A judge and the prosecuting counsel may decide to dismiss or reduce the charges if the offense is a first-time, minor violation. Additionally, the court may consider diversion programs, community service, or probation as alternatives to a conviction. These options help offenders avoid prison if they comply with court-imposed conditions.

Fulfilling the terms of probation, community service, or diversion programs may result in the dismissal of trespass charges, preventing long-lasting criminal records and keeping the offense from public access through background checks. In rare cases, offenders may petition the courts to seal their trespassing conviction records after three or more years following the completion of their sentences.

Will a Massachusetts Criminal Trespass Charge Stay on Your Record?

Yes, information about a conviction for trespassing in Massachusetts may remain permanently on the offender's record. Once a Massachusetts court finds a defendant guilty of trespassing, the resulting criminal record may stay permanently as part of the individual's criminal history. Chapter 276, Sections 100E to 100U of the Massachusetts General Laws limits the expungement of criminal records (including trespassing) to cases where:

• The record is due to a mistake, fraud, or mistaken identity
• The offender is below 21 years old and meets strict eligibility criteria
• The record results from court or law enforcement mistakes.

Nonetheless, Chapter 276, § 100A of the Massachusetts General Laws permits the sealing of eligible misdemeanor records, which include trespass records. A Massachusetts criminal trespass conviction record may qualify for sealing three years after the offender completes the sentence for the offense or immediately after the court dismisses the case. Sealing a criminal record in Massachusetts makes the information about the conviction publicly inaccessible.

Expungement or Record Sealing Options in Massachusetts

Expungement and sealing are actions that restrict public access to records. Generally, expungement refers to the legal destruction of documents, which makes them non-existent. Massachusetts does not permit the expunction of criminal records (including trespass conviction records) except in situations where the record results from fraud, mistaken identity, court or law enforcement errors, or the offender was below the age of 21 at the time of the offense.

Similar to expungement, sealing records removes them from public databases. These documents, however, remain accessible to law enforcement, the courts, and other authorized agencies. According to Massachusetts General Laws, Chapter 276, Section 100A, a trespass record may qualify for sealing three years after completing the sentence for the offense, or immediately if the charges result in dismissal.