Criminal trespass in Georgia is a misdemeanor under O.C.G.A. § 16-7-21, punishable by up to 12 months in jail and a $1,000 fine. The statute covers several kinds of conduct: entering property for an unlawful purpose, entering after being told not to, refusing to leave, damaging property worth $500 or less, or interfering with someone’s use of their property. In every version, the state has to prove you acted knowingly. If the damage exceeds $500, the charge can escalate to a felony.
What the Statute Actually Covers
Georgia’s trespass law targets five specific situations, and each requires deliberate conduct rather than an accidental wander.
- Entering someone’s land, building, or vehicle without permission and with the intent to commit a crime there.
- Coming onto property after you’ve already received notice that entry is forbidden.
- Staying on property after the owner or occupant tells you to leave, even if you were originally welcome. A store owner who asks you out can trigger a trespass charge if you refuse.
- Intentionally damaging someone else’s property without their consent, where the damage is $500 or less.
- Knowingly and maliciously disrupting another person’s use or possession of their property, even without physical damage.
The first three all require that you acted “knowingly and without authority.”1Justia. Georgia Code 16-7-21 – Criminal Trespass The prosecution has to show you knew you didn’t have permission. Someone who genuinely believed they had the right to be on a property has a stronger defense than someone who ignored obvious warnings.
The statute treats vehicles, railroad cars, aircraft, and watercraft the same as land or buildings. Entering someone’s car, boat, or private plane without authority carries the same exposure as walking into their house.
How Notice Works
Two of the scenarios turn on whether you received adequate notice. Georgia’s statute specifies who can deliver it: the property owner, the person lawfully occupying the property, or an authorized representative who provides proper identification.1Justia. Georgia Code 16-7-21 – Criminal Trespass A store manager with a company badge, a security guard with credentials, or a property management employee can all give valid notice on behalf of the owner.
The statute itself does not say posted signs or fences alone constitute legal notice. The notice language refers to communication from a person rather than passive signage. Signs and barriers still matter as evidence, though. A “No Trespassing” sign strengthens the argument that you knew entry was unauthorized, which speaks directly to the “knowingly” element.
Verbal notice counts. So does written notice like a letter or text message. What matters is that you actually received the notice before you entered or before you were told to leave. If an owner sent a no-trespassing letter that never reached you, the prosecution would have a hard time proving you entered after receiving notice.
When a Minor Invites You Over
A child’s permission to enter does not override a parent’s or guardian’s instructions. If a parent has already told you not to come onto their property and their minor child later invites you, that invitation carries no legal weight. You can still be charged based on the parent’s earlier notice.1Justia. Georgia Code 16-7-21 – Criminal Trespass This applies to the parent’s land, home, vehicles, and watercraft.
Penalties for a Conviction
Criminal trespass is a misdemeanor. Under O.C.G.A. § 17-10-3, the maximum penalties for any misdemeanor are up to 12 months in the county jail or a county correctional institution, a fine of up to $1,000, or both.2Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors
The sentencing judge has wide discretion. The court can suspend the sentence entirely, impose probation instead of jail, or combine probation with a shorter jail term. For a first offense with no property damage and no aggravating circumstances, many defendants end up with probation and a fine rather than jail time. But the full 12 months is on the table, and judges dealing with repeat offenders or trespass that frightened occupants won’t hesitate to impose it.
When Trespass Becomes a Felony
The $500 damage threshold is where trespass ends and felony territory begins. If you intentionally damage someone’s property without consent and the damage exceeds $500, the charge becomes criminal damage to property in the second degree under O.C.G.A. § 16-7-23. That’s a felony carrying one to five years in prison, and a court can also order restitution.3Justia. Georgia Code 16-7-23 – Criminal Damage to Property in the Second Degree
Criminal damage to property in the first degree under O.C.G.A. § 16-7-22 is more serious still. It applies when someone interferes with property in a way that endangers human life, disrupts critical infrastructure or vital public services by force or electronic means, or damages a building by firing a gun from or near a vehicle. First-degree criminal damage carries one to ten years in prison for most violations, and two to twenty years when the target is critical infrastructure.4Justia. Georgia Code 16-7-22 – Criminal Damage to Property in the First Degree
Trespass Compared to Burglary
People sometimes confuse the two, and the overlap is real. Georgia courts have recognized criminal trespass as a lesser included offense of burglary.5Justia. Georgia Code 16-7-1 – Burglary The line between them is intent at the moment of entry. Burglary requires entering a building or occupied structure with the intent to commit a felony or theft inside. Criminal trespass covers unauthorized entry for any unlawful purpose, or simply being somewhere you’ve been told not to be, regardless of whether theft was on your mind.
That distinction matters in practice. Burglary is a felony with far steeper penalties. If a prosecutor can’t prove you intended to steal or commit a felony when you entered, they may charge trespass instead, and a jury can convict on trespass as a lesser included offense even when burglary was originally charged.
Defenses to a Trespass Charge
The “knowingly and without authority” language opens the door to several defenses. Most challenge either your mental state or the circumstances of the entry.
Lack of Notice or Knowledge
If you didn’t know you were on someone else’s property, or if you never received the notice the statute requires, the prosecution can’t satisfy the “knowingly” element. This comes up with unmarked rural land, ambiguous property boundaries, or notice delivered to the wrong person.
Good-Faith Belief of Permission
A genuine, reasonable belief that you had the right to be on the property can negate the “without authority” element. Maybe a tenant told you to come by and you didn’t know the landlord had revoked that permission. Maybe you had a prior arrangement with the owner that you reasonably believed was still in effect. The belief has to be both sincere and grounded in some factual basis. “I assumed it was fine” doesn’t cut it; “the owner gave me a key last month” likely does.
Necessity or Emergency
Entering someone’s property to escape immediate danger or prevent serious harm can work as a defense. If your car breaks down in a storm and you step onto a porch for shelter, the circumstances may justify the entry. You need a genuine, imminent threat, no reasonable alternative, and harm caused that isn’t disproportionate to the harm you were avoiding.
Restricting the Record After a Conviction
Georgia doesn’t offer traditional expungement for criminal convictions, but it does allow record restriction, which limits who can access your criminal history. Under O.C.G.A. § 35-3-37, you can petition the court where you were convicted to restrict access to a misdemeanor criminal trespass conviction if you meet these requirements:6Justia. Georgia Code 35-3-37 – Criminal History Record Information
- You’ve completed all jail time, probation, and any other terms of the sentence.
- You haven’t been convicted of any crime in any jurisdiction for at least four years before filing. Minor traffic offenses don’t count.
- You have no open criminal cases at the time of filing.
The judge grants the restriction only if the harm to you from keeping the record public clearly outweighs the public’s interest in accessing it. That’s a balancing test, and restriction isn’t guaranteed even if you qualify on paper. Criminal trespass isn’t on the list of offenses excluded from record restriction, so it qualifies.
Civil Liability on Top of the Criminal Case
A criminal charge isn’t the only exposure. Property owners in Georgia can also file a civil suit for money damages. The criminal case and the civil case are separate proceedings. You can face both, and a not-guilty verdict in criminal court doesn’t stop the owner from suing.
In a civil trespass action, the owner can recover for physical damage, loss of use during the trespass, and other financial harm caused by the unauthorized entry. Under O.C.G.A. § 9-3-30, the statute of limitations for a civil trespass claim involving real property is four years from the date the trespass occurred. Missing that deadline typically bars the claim permanently.
Even when physical damage is minimal, an owner can recover nominal damages for the invasion of property rights alone. Repeated trespass can also support a request for injunctive relief, a court order directing you to stay away. Violating that order can bring contempt of court.