New Hampshire trespassing laws, set out in RSA 635:2, make it a crime to knowingly enter or remain on property where you have no right to be. Penalties range from a violation carrying only a fine to a Class B felony with up to seven years in prison, depending on where the trespass happened and whether it caused damage. Property owners have separate rights to post their land, sue for damages in civil court, and use limited force to remove intruders.
What the Law Prohibits
A person commits criminal trespass by knowingly entering or remaining in any place without license or privilege to do so. “Knowingly” is the operative word. Prosecutors do not need to prove you intended to cause harm, only that you were aware you were not authorized to be there. Walking past clearly posted signs, climbing a fence, or staying after the owner tells you to leave all satisfy that element.
Several circumstances push the offense above the baseline. Entering an “occupied structure” as defined in RSA 635:1, III is treated more seriously, as is entering any “secured premises,” which the law defines as property posted according to statute, posted in a way reasonably likely to catch an intruder’s attention, or fenced or enclosed to keep people out. Remaining after a personal order to leave from the owner or an authorized person triggers heightened treatment, and so does violating a court order barring you from a location. Entering the grounds of a state correctional facility or transitional housing unit without authorization carries the same elevated charge.
Damage matters too. If someone knowingly or recklessly causes more than $1,500 in damage while trespassing, the first offense is a misdemeanor, and any repeat offense of that type becomes a Class B felony.
Criminal Penalties in New Hampshire
The statute sorts trespass into three tiers. The penalty depends on where the intrusion happened, whether the owner gave notice, and whether damage occurred.
Violation
The default classification is a violation. This applies to situations like walking across posted land without causing damage or entering a non-secured area you should have known was off-limits. A violation carries a fine of up to $1,000 and does not create a criminal record.
Misdemeanor
Criminal trespass becomes a misdemeanor when the intrusion involves an occupied structure, secured premises, defiance of a personal order to leave, violation of a court order, or unauthorized entry onto correctional facility grounds. The statute labels these offenses as misdemeanors without specifying Class A or Class B. Under the general sentencing framework in RSA 651:2, an unclassified misdemeanor defaults to a Class B misdemeanor, which carries a fine of up to $1,200 but no jail time.
A first offense of trespass causing more than $1,500 in property damage is also a misdemeanor. A court may order restitution on top of any fine, meaning the trespasser pays directly for the damage caused.
Class B Felony
The only route to a felony trespass charge under RSA 635:2 is a repeat offense involving significant property damage. If someone has already been convicted of trespass causing over $1,500 in damage and commits the same type of offense again, the subsequent offense becomes a Class B felony, carrying up to seven years in prison. Trespass tied to another serious crime such as burglary or stalking will bring separate charges for those offenses, which have their own penalties.
How Property Owners Must Post Their Land
Owners who want the criminal statute to back up their “keep out” message need to follow RSA 635:4. A handwritten note or a small yard sign may not meet the standard, and any defense attorney will raise that point.
The statute requires:
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li>Durable signs with block letters at least two inches tall
- Clear language describing the prohibited activity, such as “No Hunting or Trespassing”
- The name and address of the property owner or lessee on each sign
- Signs posted no more than 100 yards apart along all sides of the property
- Signs at gates, bars, and commonly used entrances
Cutting corners creates problems. A sign that says “Private Property” without an owner name, or signs placed 200 yards apart, may not qualify as proper notice under the statute.
Some states allow landowners to mark trees or posts with purple paint as a legal substitute for signage. New Hampshire does not currently recognize purple paint under RSA 635:4, though legislation has been proposed to add it. Signs remain the only statutory method.
Verbal notice also works. If a property owner or authorized person tells someone directly to leave or not to enter, that personal communication satisfies the notice requirement for a misdemeanor-level charge under RSA 635:2, III(b)(2).
When Entry Is Not Trespass
Not everyone on your property without a written invitation is trespassing. Several categories of lawful entry override an owner’s general right to exclude.
Recreational Use
Under RSA 508:14, landowners who allow the public to use their property for recreational activities without charging a fee are shielded from personal injury and property damage liability. The protection covers the property owner, occupant, or lessee, and applies to activities like hiking, hunting, fishing, snowmobiling, and spectating at outdoor events. The immunity disappears only if the landowner intentionally causes injury or damage. Voluntary donations that are not required for access do not count as a “charge” under the statute. Owners keep the right to revoke permission for specific people or post their land later, converting future unauthorized entry into trespass.
Officials With Legal Authority
Municipal code enforcement officers may enter private property to conduct housing inspections under RSA 48-A:8. If the owner denies or resists entry, the inspector must obtain an administrative inspection warrant. Utility workers with established easements may enter to maintain infrastructure, with their access governed by the terms of the easement. Law enforcement officers may enter without a warrant in limited emergencies like pursuing a fleeing suspect or preventing imminent harm. Outside those circumstances, officers generally need a warrant, and the Fourth Amendment protects the curtilage of a home from warrantless search.
Federal Border Zone
Because New Hampshire shares a border with Canada, a federal provision applies. Under 8 U.S.C. ยง 1357(a)(3), immigration officers may access private land without a warrant within 25 miles of an external U.S. boundary for border patrol. This authority does not extend to dwellings, and a separate provision bars warrantless entry onto farms and outdoor agricultural operations to question people about immigration status without the owner’s consent or a warrant.
Using Force Against Trespassers
This is where owners get themselves into trouble. New Hampshire law allows the use of force in some situations, but the limits are strict.
Under RSA 627:4, a person may use non-deadly physical force to prevent or stop a trespass. The force must be reasonable under the circumstances. Shoving someone off your porch after they refuse to leave is a different situation from tackling a hiker who wandered onto your land by mistake. Courts look at what a reasonable person would have done given the perceived threat.
Deadly force follows much stricter rules. RSA 627:4, II permits deadly force only when a person reasonably believes the intruder is likely to use unlawful force while committing or attempting a burglary, is committing kidnapping or a forcible sex offense, or is likely to use unlawful force during a felony within the dwelling or its curtilage. Curtilage is the area immediately surrounding your home, such as a porch, attached garage, or fenced yard.
New Hampshire removes the duty to retreat when you are inside your dwelling, within its curtilage, or anywhere you have a legal right to be, as long as you were not the initial aggressor. This is sometimes called the state’s “stand your ground” provision. Removing the duty to retreat does not create a blanket right to use deadly force. You still need a reasonable belief that deadly force is necessary to prevent one of the specific threats listed above. Shooting a trespasser who poses no physical threat is not protected, even on your own property.
Suing a Trespasser in Civil Court
Separate from any criminal charges, a property owner can sue a trespasser for damages. The two tracks operate independently. A person can face criminal charges and a civil lawsuit for the same incident, or a property owner may choose civil court alone when the goal is compensation rather than punishment.
The burden of proof in civil court is lower. A property owner only needs to show by a preponderance of the evidence that the person entered or interfered with the property without authorization. Criminal cases require proof beyond a reasonable doubt. Someone acquitted of criminal trespass can still lose a civil case based on the same facts.
Civil trespass does not require intent the way the criminal statute does. Even accidental entry can create liability if it causes damage. Property owners can recover compensation for physical damage to land, crops, or structures, lost use of the property, and in some cases the cost of repairing or restoring the land. When the trespass was willful, courts may also award nominal damages to formally recognize the violation of the owner’s rights even if no measurable harm occurred.
The window to file is limited. Under RSA 539:8, the statute of limitations for civil trespass is two years from the date of the offense. Missing that deadline typically bars the claim regardless of its merits.
When Long-Term Trespass Becomes Ownership
Trespass that continues long enough can, in rare circumstances, hand the trespasser legal title. This doctrine is called adverse possession, and the threshold is high.
Under RSA 508:2, no action to recover real estate can be brought after 20 years from the time the right to recover first accrued. If someone occupies your land openly, continuously, and without your permission for 20 years, and you take no legal action during that time, they may be able to claim ownership. The occupation must also be hostile, open and notorious, actual, and exclusive. Meeting every element for two decades is difficult, which is why successful claims are uncommon.
For property owners, the practical rule is simple: if you discover someone occupying your land without permission, act promptly. Waiting years only strengthens their potential claim. A regular trespasser can be removed by police and prosecuted. A person who has established the elements of adverse possession may need to be removed through civil eviction, because they are asserting a legal right to the property rather than simply refusing to leave.