Alabama Purple Paint Law: Marking, Trespass Degrees, and Defenses

The Alabama purple paint law lets landowners mark their property boundaries with purple paint in place of “No Trespassing” signs. Under Alabama Code 13A-7-1, purple stripes that meet specific size, height, and spacing rules count as official notice that entry is forbidden.¹ Cross those marks without permission and you can be charged with criminal trespass. How serious the charge is depends on what kind of property you entered, not on how it was posted.

What the Paint Has to Look Like to Count

Not every purple stripe qualifies. The statute sets rigid specifications, and marks that miss any of them may not count as legal notice at all.

Each mark must be a vertical line at least eight inches tall and at least one inch wide, painted on a tree or post along the boundary. The bottom of the stripe has to sit between three and five feet off the ground, which puts it at roughly eye level for most adults.¹

Spacing depends on the terrain. On forest land, marks can be no more than 100 feet apart. On open land that isn’t forested, they can be up to 1,000 feet apart. The marks also have to be placed where they are “readily visible to any person approaching the property,” so paint hidden behind brush or around blind corners doesn’t satisfy the statute.¹

Horizontal stripes, marks 150 feet apart in the woods, or paint set too low all fall short of “posted in a conspicuous manner.” That kind of defect can sink a trespassing complaint.

What Crossing the Paint Means Legally

Alabama’s trespass statutes turn on whether someone “enters or remains unlawfully” on a property. You enter unlawfully when you have no license, invitation, or privilege to be there. The law assumes you have implied permission to walk across unimproved, unfenced, apparently unused land, unless the owner personally tells you to stay off or the property is posted with signs or qualifying purple paint.¹

That is the whole point of the paint. Once the marks are properly applied, anyone who crosses them can be treated as knowing the land is private, even if they say they didn’t see the stripes.

Property that is open to the public works differently. You have implied permission to be there until the owner or someone authorized directly tells you to leave. Refusing to go after that turns your stay into unlawful remaining. Permission to be in one part of a building, such as a lobby, does not extend to areas that aren’t open to the public.¹

Penalties by Degree of Trespass

Alabama splits criminal trespass into three degrees. The paint establishes that you had notice; the type of property determines the charge.

Third Degree

Most purple-paint cases on open rural land land here. Third-degree criminal trespass covers anyone who knowingly enters or remains unlawfully on any premises. It is a violation, the lowest category of criminal offense in Alabama, and does not carry jail time.² It does carry a fine, though a smaller one than a misdemeanor.

Second Degree

Knowingly entering or remaining in a building or on fenced or enclosed real property is second-degree criminal trespass, a Class C misdemeanor.³⁴⁵

First Degree

The most serious charge applies when someone knowingly enters or remains unlawfully in a dwelling or on the premises of a licensed cannabis cultivation or processing facility. First-degree criminal trespass is a Class A misdemeanor.⁶⁴⁵

Defenses If You’re Charged

Every degree of criminal trespass requires the person to have acted “knowingly.” That word drives the most common defense. If you genuinely did not realize you were on someone else’s property, the knowing element is not met. Someone who wandered off a public trail onto unmarked land has a much stronger case than someone who climbed past clearly painted trees.

Defective marking is another route. Because the statute sets exact specifications for size, height, and spacing, marks that miss those requirements may not qualify as legal notice. Stripes with the bottom edge two feet off the ground, or forest marks spaced 200 feet apart, can leave a property effectively unposted in the eyes of a court.

Permission is the simplest defense. If the landowner or someone authorized by the landowner invited you onto the property, your entry was lawful. Verbal permission counts, though proving it later without witnesses or written confirmation can be hard.

Applying the Paint Correctly as a Landowner

The specifications are the whole ballgame. Paint that doesn’t meet the statute is just paint on a tree.

Use exterior-grade paint in a clearly purple shade. The statute doesn’t name a brand or formulation, but latex or oil-based exterior paint holds up best against Alabama weather. Some agricultural supply stores sell paint marketed specifically for property marking.
Measure the lines. Each stripe should be at least eight inches tall and one inch wide, with the bottom edge three to five feet off the ground. A tape measure eliminates doubt.
Check your spacing. No more than 100 feet apart in the woods, no more than 1,000 feet apart on open land. When in doubt, mark more often.
Put marks where people actually approach. Trail entrances, road frontage, gate posts, and any obvious crossing point matter more than remote stretches of boundary.
Refresh the paint. Faded stripes may not meet the conspicuousness standard. Walk your lines periodically and touch up anything that has gone dim.

A Note on Other States

Alabama is one of more than 20 states that recognize painted property marks as legal notice against trespassing, and most of them also use purple. A few use different colors: Arizona, Idaho, and Montana use orange, and Maryland requires blue oil-based paint. What the paint prohibits also varies. Alabama’s purple paint restricts all entry, while North Carolina’s restricts only hunting, fishing, and trapping.⁷ If you cross state lines outdoors, treat any painted boundary marker as a signal to stop and check before going farther.

1
Alabama Legislature. Alabama Code 13A-7-1 – Definitions
2
Alabama Legislature. Alabama Code 13A-7-4 – Criminal Trespass in the Third Degree
3
Alabama Legislature. Alabama Code 13A-7-3 – Criminal Trespass in the Second Degree
4
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors
5
Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
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Alabama Legislature. Alabama Code 13A-7-2 – Criminal Trespass in the First Degree
7
World Population Review. Purple Paint Laws by State