Criminal trespass in Michigan is a misdemeanor under MCL 750.552, punishable by up to 30 days in county jail, a fine of up to $250, or both.1Michigan Legislature. Michigan Compiled Laws 750.552 – Trespass Upon Lands or Premises of Another The statute covers three situations: entering property after being told not to, refusing to leave after being told to go, and entering fenced or posted farm property without the owner’s permission. A separate statute imposes steeper penalties when the trespass involves hunting, fishing, or trapping.
What the Statute Actually Prohibits
MCL 750.552 lays out three distinct acts. You cannot enter someone’s land or premises after the owner, occupant, or their agent has forbidden it. You cannot remain after being told to leave. And you cannot enter or stay on fenced or posted farm property without the owner’s or lessee’s consent, whether or not anyone personally told you to go.1Michigan Legislature. Michigan Compiled Laws 750.552 – Trespass Upon Lands or Premises of Another
The first two versions require notice. That can be verbal, written, or shown through visible signs or barriers. The farm provision works differently: fencing or posting the land is itself the notice, so a prosecutor doesn’t have to prove anyone personally warned the trespasser off.2Michigan Legislature. Michigan Code 750.552 – The Michigan Penal Code (Excerpt)
Knowledge is part of the offense. The prosecution has to show you knowingly entered or remained without lawful authority. Walking onto land you genuinely believed was a public trail, or accidentally straying across an unmarked property line, doesn’t meet that bar. Michigan courts have treated the knowledge element as essential to any trespass conviction.
Penalties Under MCL 750.552
A general trespass conviction is a misdemeanor with a maximum of 30 days in jail, a $250 fine, or both.1Michigan Legislature. Michigan Compiled Laws 750.552 – Trespass Upon Lands or Premises of Another Those limits apply the same way whether the property was a fenced backyard or open farmland. Within them, judges weigh how you got there, whether you damaged anything, and whether you have prior offenses. First-time offenders without aggravating facts often see a fine or probation rather than jail.
The consequences don’t stop at sentencing. A misdemeanor trespass conviction shows up on background checks and can complicate job applications. Federal hiring uses the Declaration for Federal Employment (OF-306), which asks about convictions in the past seven years, and agencies weigh criminal conduct when making suitability decisions.3U.S. Equal Employment Opportunity Commission. Second Chances Part I – Federal Employment for Workers with Past Arrests or Convictions Professional licensing boards and landlords may also consider a misdemeanor on your record.
Recreational Trespass Is a Different, Harsher Charge
Michigan has a separate trespass law for recreational activities, tucked into Part 731 of the Natural Resources and Environmental Protection Act. Under MCL 324.73110, a recreational trespass, which covers hunting, fishing, and trapping on private land, is a misdemeanor punishable by up to 90 days in jail and a fine between $100 and $500. That’s triple the jail time and double the minimum fine compared to MCL 750.552.
The distinction catches people off guard. Cutting across posted farmland to reach a fishing hole isn’t just a general $250-maximum problem. If the purpose is recreational, the tougher statute controls. Courts can also order restitution for any damage to crops, fences, or other property.
When Entry Isn’t Criminal Trespass
Michigan law carves out several situations where being on someone else’s property, even without express permission, isn’t a crime.
Process Servers
MCL 750.552 exempts process servers who are trying to reach the owner, occupant, agent, or lessee by the most direct route. A server who stays on the walkway and heads straight to the front door with legal papers is acting lawfully even if the property is posted.1Michigan Legislature. Michigan Compiled Laws 750.552 – Trespass Upon Lands or Premises of Another The exemption only covers people authorized to serve process under Michigan’s Revised Judicature Act or supreme court rules.
Police and Emergency Responders
Officers and firefighters can enter private property without a warrant under recognized exceptions to the Fourth Amendment. Those include hot pursuit of a fleeing suspect, emergencies where someone inside may need immediate help, and situations where evidence could be destroyed if officers waited for a warrant.4Michigan Courts. Exceptions to the Warrant Requirement Courts judge these entries by whether a reasonable officer in the same circumstances would believe the entry was necessary.
Service Animals
Businesses and government facilities open to the public cannot use trespass to exclude people with service animals. Under the Americans with Disabilities Act, service animals must be allowed in every area where the public is permitted. A business can only ask someone to remove a service dog if the animal is out of control and the handler isn’t correcting it, or if the dog isn’t housebroken. Allergies and fear of dogs are not valid reasons.5ADA.gov. ADA Requirements: Service Animals
Implied Permission
Public parks and government buildings imply consent for lawful entry during operating hours, though entering outside those hours or in restricted areas can still be trespass. Michigan case law also recognizes implied permission when an owner has quietly accepted customary public use, such as a worn path across an unfenced lot the owner has never objected to.
Defenses If You’re Charged
Lack of knowledge is the most direct defense. Because the statute requires entry or remaining “without lawful authority,” someone who genuinely didn’t know they were on private property, or who had no reason to believe their presence was unwelcome, hasn’t committed criminal trespass. That comes up often in rural areas with unmarked boundaries.
Consent is the other major defense. Permission from the owner, express or implied, defeats a trespass charge. A verbal invitation, a written lease, or a pattern of allowing access all count. The hard cases involve withdrawn consent. A tenant whose lease has expired might argue that ongoing renewal talks implied temporary permission to stay. A guest told to leave in the middle of a heated argument might argue they weren’t given a reasonable chance to go. These are fact-specific questions about whether the person actually believed they still had authority to be there.
Necessity works in narrow circumstances. Entering private land to escape an immediate threat or to help someone in a medical emergency can be justified even without the owner’s permission.
What Property Owners Can Do
Criminal trespass charges are brought by the state, not the property owner. Owners have their own tools, though. Michigan law allows them to seek an injunction to stop ongoing or repeated trespasses under MCL 600.2919.6State Bar of Michigan (Environmental Law Section). Ch. 13 Common Law – Section: VIII. Remedies An injunction is a court order to stay off the property, and violating it means contempt of court.
Owners can also sue for money damages. Damaged crops, cut trees, or harmed structures give rise to compensatory damages. When a trespasser steals or converts property, MCL 600.2919a allows the owner to recover three times the actual damages plus attorney fees.7Michigan Legislature. Michigan Code 600.2919a – Recovery of Damages, Costs, and Attorney Fees by Person Damaged Someone who trespasses and hauls off timber, for example, can face treble damages on top of any criminal penalty.