Trespassing Laws in Washington State: Degrees, Burglary, and Defenses

Trespassing laws in Washington state are set out in Chapter 9A.52 of the Revised Code of Washington, which divides the offense into two degrees based mainly on whether you entered a building or some other kind of property. First-degree criminal trespass is a gross misdemeanor carrying up to 364 days in jail and a $5,000 fine. Second-degree trespass is a simple misdemeanor with lighter consequences. If prosecutors can show you entered with intent to commit another crime inside, the charge escalates to burglary, a felony.

What Counts as Trespassing

The word “enter” in Washington law is broader than most people assume. It covers not just walking through a doorway but inserting any part of your body, or any object you’re holding, into someone else’s property.¹ Reaching through an open window to grab something counts. Poking a tool through a fence counts. You don’t need to set foot inside.

A person “enters or remains unlawfully” when they either lack permission to be on the property or had permission that was revoked. That second scenario catches people off guard. You can walk into a store lawfully, be asked to leave by the manager, and become a trespasser the moment you refuse. Posted “No Trespassing” signs and physical barriers like fences or locked gates serve as blanket notice that your presence is unauthorized. Washington courts treat those markers as sufficient legal warning, so claiming you didn’t realize a property was off-limits rarely holds up when signage was visible.

First-Degree Criminal Trespass

First-degree criminal trespass applies when you knowingly enter or remain unlawfully in a building.² “Building” reaches further than houses and offices. Construction trailers, storage sheds, and temporary structures all qualify. Breaking into an abandoned warehouse, ducking into a locked business after closing, or refusing to leave a store after being told to go can all trigger this charge.

The offense is a gross misdemeanor. The maximum penalty is 364 days in jail, a fine up to $5,000, or both.³ Courts can also impose probation, community service, or restitution if property was damaged. This is the most serious standalone trespass charge, though it still sits below burglary.

Second-Degree Criminal Trespass

Second-degree trespass covers everywhere else. Any premises that isn’t a building. Hopping into a fenced yard, walking onto private farmland posted with warning signs, lingering in a restricted parking lot after hours, or entering closed-off sections of a park can all result in this charge.⁴

It is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.³ Penalties are lighter than first-degree, but repeat offenses or trespassing at sensitive locations like schools can push judges toward the upper end of the range. No-contact orders and conditional release programs are common sentencing alternatives.

Vehicle Prowling Is a Separate Offense

Entering someone’s vehicle is charged under its own statute, not the general trespass law. Vehicle prowling in the second degree means entering or remaining unlawfully in a vehicle with intent to commit a crime against a person or property inside.⁵ Motor homes and cabin-equipped boats are excluded because entering those falls under burglary law instead.

A first or second vehicle prowling conviction is a gross misdemeanor, carrying the same 364-day and $5,000 ceiling as first-degree building trespass. The stakes jump on a third conviction: vehicle prowling becomes a Class C felony at that point.⁵ Prosecutors can’t stack multiple counts from a single charging document or the same date to reach that third-strike threshold.

When Trespass Becomes Burglary

The line between trespass and burglary is intent. If you enter a building unlawfully and prosecutors can prove you intended to commit any crime inside, the charge jumps from trespass to burglary and the penalties multiply.

Second-degree burglary applies when you enter or remain unlawfully in a building (other than a dwelling or vehicle) with intent to commit a crime. It is a Class B felony, punishable by up to 10 years in prison and a $20,000 fine.⁶³ Walking into a closed business to steal merchandise is the classic example.

First-degree burglary is reserved for the most dangerous scenarios: entering or remaining unlawfully in a building with intent to commit a crime while armed with a deadly weapon, or assaulting someone during the entry or escape.⁷ It is a Class A felony, up to life in prison and a $50,000 fine.³ Even if no crime is completed inside the building, the intent alone is enough to support a burglary charge.

Defenses to a Trespassing Charge

Washington’s trespass chapter includes a statutory defenses provision at RCW 9A.52.090, and several additional defenses arise from common law and constitutional principles.⁸ The strongest ones fall into a few categories.

Lack of Adequate Notice

The most common defense. If a property had no “No Trespassing” signs, no fencing, no locked gates, and no one verbally told you to leave, you have a solid argument that you had no reason to believe your presence was unauthorized. The prosecution must show you “knowingly” entered or remained unlawfully, and absent clear notice, proving that mental state becomes difficult.

Necessity

Entering someone’s land to escape a wildfire, seek shelter during a severe storm, or render emergency aid to an injured person can be legally justified. The principle is that trespass law should not punish people acting in good faith to prevent serious harm, especially when no less harmful option existed. If you cause property damage while exercising this privilege, you may still owe compensation for the damage even if you avoid criminal liability.

Lawful Authority

Certain people can enter private property without the owner’s specific permission: law enforcement officers executing warrants, utility workers maintaining infrastructure, and government officials performing regulatory duties.

Unclear Property Boundaries

If a survey later shows you were actually on your own land, or if adjacent parcels had confusing or unmarked borders, the “knowingly unlawful” element falls apart. Good-faith mistake about where a boundary sits is a real defense.

Your Rights If You’re Accused

Being accused of trespass does not strip you of legal protections. Property owners cannot assault, unreasonably restrain, or unlawfully detain someone they suspect of trespassing. Using force beyond what is reasonably necessary to address an immediate physical threat can result in criminal charges against the property owner and civil claims by the person detained.

Law enforcement must follow due process when making trespass arrests. That means proper identification, clear communication about why the arrest is happening, and adherence to standard procedures. If you were arrested for trespass without a warning or a posted sign, or if you had a good-faith reason to believe you were allowed on the property, those facts can form the basis of a legal challenge.

Selective or discriminatory enforcement of trespassing laws, meaning targeting someone because of race, religion, disability, or another protected characteristic, may violate civil rights protections under both Washington and federal law. Someone subjected to discriminatory trespass enforcement may have grounds for a separate legal claim entirely independent of the trespass case itself.

1
Washington State Legislature. Chapter 9A.52 RCW – Burglary and Trespass
2
Washington State Legislature. Washington Code 9A.52.070 – Criminal Trespass in the First Degree
3
Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984, and After
4
Justia. Washington Code 9A.52.080 – Criminal Trespass in the Second Degree
5
Washington State Legislature. RCW 9A.52.100 – Vehicle Prowling in the Second Degree
6
Washington State Legislature. RCW 9A.52.030 – Burglary in the Second Degree
7
Washington State Legislature. Washington Code 9A.52.020 – Burglary in the First Degree
8
Justia. Washington Code Title 9A Chapter 9A.52 – Burglary and Trespass