Criminal Trespass 3rd Degree in Alabama: Penalties and Defenses

Criminal trespass in the third degree in Alabama is the lowest-level trespass offense in the state, classified as a violation rather than a misdemeanor. Under Alabama Code Section 13A-7-4, you commit this offense by knowingly entering or remaining on someone’s property without permission.¹ A conviction can mean up to 30 days in county jail, a fine of up to $200, and a criminal record that stays with you until you take steps to clear it.

What the State Has to Prove

The statute has two elements. You entered or remained on the premises, and you knew you weren’t supposed to be there. The exact statutory language is “knowingly enters or remains unlawfully in or upon premises,” which means accidental or unknowing entry isn’t enough.¹ The prosecution must show you were aware your presence was unauthorized.

“Premises” is broad. It covers any building and any real property, so the charge can apply to open fields, parking lots, commercial buildings, or private land.² The definition of “unlawfully” is where the charge narrows, because Alabama law treats you as licensed to be on certain property unless something specific removes that license.

Third degree is the catch-all. If the property is a fenced or enclosed area meant to keep people out, the charge becomes second-degree trespass, a Class C misdemeanor. If it’s a dwelling, it’s first-degree, a Class A misdemeanor.³⁴ Everything else lands at third degree.

When You Were Legally Allowed to Be There

Alabama Code Section 13A-7-1 identifies situations where you have a license or privilege to be on property even without an invitation. If the property is open to the public, you have a legal right to be there unless someone with authority personally tells you to leave.² Being allowed in the public part of a building doesn’t extend to restricted areas like stockrooms or employee-only sections.

Unimproved, unfenced land is similar. If land appears unused and isn’t fenced off, you have a legal privilege to be there unless the owner personally tells you to leave or has posted notice against trespassing in a conspicuous way.² “Conspicuous” has a specific meaning here.

Signs and Purple Paint

Alabama recognizes two methods of posting notice: traditional no-trespassing signs and purple paint marks on trees or posts. Signs must simply be “reasonably likely to come to the attention of intruders.” Purple paint has to meet all of these requirements:

Vertical lines at least eight inches long and one inch wide.
Placed between three and five feet above the ground.
No more than 100 feet apart on forest land, or 1,000 feet apart on other land, and positioned where anyone approaching the property would reasonably see them.

If the marks are too small, placed at the wrong height, or spaced too far apart, they may not count as legal notice, which can undermine the trespass charge entirely.²

Penalties

A violation is the lightest offense category in Alabama’s criminal code. Under Section 13A-5-7, a conviction carries up to 30 days in county jail.⁵ The maximum fine is $200. First-time offenders without aggravating circumstances rarely see jail time in practice, but the statutory authority is there and judges have discretion.

The record consequence often matters more than the fine. A third-degree trespass conviction creates a criminal record that employers, landlords, and licensing boards can see when they run background checks. For an offense this minor, that record is usually the real cost. Alabama does allow expungement of violation-level convictions, covered below.

Defenses

Because the offense requires both unlawful presence and knowledge that the presence was unlawful, most defenses attack one of those two elements.

Consent or License

If the owner or someone authorized to speak for them gave you permission to be there, your presence wasn’t unlawful. Permission doesn’t need to be written. Implied consent counts too, such as a standing arrangement to use a neighbor’s driveway or a verbal agreement that was never revoked. The hard part is proving it when the owner disputes the claim, which is where text messages, witnesses, or a documented history with the owner become important.

The statutory license for publicly accessible property is its own defense. If you were in a store, park, or similar space and no one with authority ordered you to leave, that license defeats the charge.²

Inadequate Notice

On unimproved, unfenced land, your presence is privileged unless you received notice through personal communication or conspicuous posting.² If signs were hidden, fallen, or spaced too far apart, or if purple paint marks didn’t meet the statute, the notice may be legally insufficient and the prosecution can’t prove your presence was unlawful.

Mistake of Fact

If you genuinely believed you had a right to be on the property, and that belief was reasonable, the “knowingly” element falls apart. Ambiguous property lines, misleading landmarks, or outdated information about ownership can all support this defense. The belief has to be reasonable. Confusing one parcel for another in a rural area with no clear markers fits; a mistake no sensible person would have made does not.

Necessity

Entering someone’s property to prevent serious harm can justify what would otherwise be trespass. Sheltering in a barn during a tornado, crossing private land to reach an injured person, or entering a building to escape an immediate threat are the kinds of situations where necessity applies. The defense requires showing that the trespass was the only reasonable option and that the harm you were trying to avoid outweighed the intrusion on the owner’s rights.

You Can Also Be Sued Civilly

The criminal charge isn’t the only legal risk. The property owner can also sue you for civil trespass, and the standards there are different. Even without physical damage, the owner can recover nominal damages simply for the violation of their right to control who enters their land.

Alabama courts have allowed punitive damages in trespass cases where the entry involved recklessness, malice, or deliberate disregard for the owner’s rights, even when only nominal damages are at stake. If there was actual damage, the owner can also recover repair costs or lost value.

Clearing the Conviction From Your Record

Alabama allows people convicted of violations to petition for expungement under Section 15-27-1.⁶ You qualify if all of the following are true:

You completed your sentence, including probation, fines, court costs, and restitution.
Three years have passed since the date of conviction.
The conviction isn’t a violent offense, a sex offense, or an offense involving moral turpitude.

Third-degree trespass isn’t violent and isn’t a sex offense, so the main barriers are finishing your sentence and waiting out the three years. You file the petition in the criminal division of the circuit court in the county where the charge was originally brought. If the charge was dismissed rather than resulting in a conviction, the waiting period is shorter and the process is simpler.

Expungement seals the record from most background checks. If a trespass conviction is costing you job opportunities or housing, filing once you’re eligible is usually worth the effort.

1
Alabama Legislature. Alabama Code 13A-7-4 – Criminal Trespass in the Third Degree
2
Alabama Legislature. Alabama Code 13A-7-1 – Definitions
3
Alabama Legislature. Alabama Code 13A-7-3 – Criminal Trespass in the Second Degree
4
Alabama Legislature. Alabama Code 13A-7-2 – Criminal Trespass in the First Degree
5
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
6
Alabama Legislature. Alabama Code 15-27-1 – Petition to Expunge Records