Criminal Trespass in the Third Degree – C.G.S. § 53a-109

Introduction

Being arrested for criminal trespass in the third degree often catches people completely off guard. Many of my clients tell me they thought they were on public land, visiting a friend, or simply walking through an area without realizing it was private. Suddenly, they’re facing a criminal charge for what felt like an innocent mistake.

Connecticut’s trespass laws are written broadly, and prosecutors often pursue these cases even when no harm was done. The good news is that third-degree trespass is the least serious level of trespass — but it can still create a criminal record if not handled correctly.

The Law – C.G.S. § 53a-109

You can be charged with criminal trespass in the third degree if you:

• Enter or remain unlawfully on land that is clearly posted with “No Trespassing” or similar signs.
• Enter or remain on property that is fenced or enclosed to keep out intruders.
• Enter railroad property without proper authority.

This is classified as a Class C misdemeanor in Connecticut.

Penalties for Criminal Trespass in the Third Degree

A conviction can result in:

• Up to 3 months in jail
• A fine of up to $500
• Probation or community service
• A permanent criminal record

While this is the lowest-level trespass offense, it’s still a crime, and it can follow you on background checks for years.

Real-World Examples

1. Posted Land – A hiker in Litchfield continues onto private farmland despite visible “No Trespassing” signs. Police are called, and the hiker is charged with trespass in the third degree.
2. Fenced Property – Teenagers climb over a fence into an industrial yard in Stamford to hang out after hours. Even though no damage occurs, they are arrested for trespass.
3. Railroad Property – A man takes a shortcut along the train tracks in Norwalk. Because railroad land is specifically protected under the statute, he is arrested for third-degree trespass.
4. Innocent Mistake – A delivery driver pulls into a long driveway with no signs or fencing, believing it’s the correct address. The homeowner calls police, but because there was no clear notice, the driver’s lawyer successfully argues that he should not be convicted of trespass.

Related Offenses

• Criminal Trespass in the First Degree (C.G.S. § 53a-107) – More serious trespass, often involving schools or government property.
• Criminal Trespass in the Second Degree (C.G.S. § 53a-108) – Entering or remaining in a building or land after being told not to.
• Burglary (C.G.S. §§ 53a-101 to 103a) – Unlawful entry with intent to commit another crime inside.
• Disorderly Conduct (C.G.S. § 53a-182) – Sometimes charged when trespass involves arguments or disturbances.

Defenses to Criminal Trespass

Some common defenses include:

• No notice – Signs weren’t visible, or fencing wasn’t clear.
• Permission – You had the property owner’s consent to enter.
• Mistake of fact – You reasonably believed you were on public or open land.
• Emergency – Entering the property to seek help or avoid harm.

The Accelerated Rehabilitation (AR) Program

For many first-time offenders, the AR Program is the best way to keep a clean record. If granted, the court places you under supervision for up to two years, often with conditions like community service.

Once you successfully complete the program, your case is dismissed and erased, leaving you with no criminal record. Because AR is a one-time program, it should be used strategically, and a defense lawyer can help decide if it’s the right option.

FAQs About Criminal Trespass in the Third Degree1. Is Third-Degree Trespass a Felony?

No. It is a Class C misdemeanor, the lowest-level trespass charge in Connecticut. While less serious than other trespass crimes, it still creates a criminal record if you’re convicted.

2. What’s the Difference Between Third-Degree and Second-Degree Trespass?

Third-degree usually involves land with signs, fencing, or railroad property. Second-degree often involves buildings or situations where you’ve been told not to enter.

3. Can I Be Arrested if I Didn’t See a Sign?

Yes, but unclear or hidden signage is a strong defense. The law requires that you “knowingly” trespassed, so a lack of clear notice can weaken the state’s case.

4. What if I Didn’t Damage Anything?

Damage is not required for a trespass charge. Simply entering or remaining unlawfully is enough for police to make an arrest.

5. Will I Go to Jail for Third-Degree Trespass?

Jail is very unlikely for a first offense. Most cases are resolved with probation, fines, or dismissal through the AR program.

6. Can the Case Be Dismissed?

Yes. Many cases are dismissed when the evidence is weak, when notice wasn’t clear, or when the AR program is granted.

7. How Long Does a Trespass Case Take?

Most cases take a few months. If you use AR, the case may take longer, but it usually ends in dismissal and erasure.

8. How Can a Lawyer Help Me?

A lawyer can argue lack of notice, permission, or mistake and negotiate with prosecutors for dismissal or diversion. The goal is to protect your record and keep your future intact.

Conclusion & Call to Action

Even though third-degree trespass is the least serious trespass offense in Connecticut, it can still leave you with a criminal record that damages your future. The good news is that these cases are often highly defensible — and many are dismissed with the right strategy.

📞 Call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me online today for a free consultation. I will fight to protect your rights and help you move forward.

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