Washington State Trespassing Laws: Degrees, Notice, and Defenses

Washington state trespassing laws split unauthorized entry into two criminal offenses and one civil claim. Entering a building without permission is criminal trespass in the first degree, a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine. Entering someone else’s land or other non-building premises is criminal trespass in the second degree, a misdemeanor carrying up to 90 days in jail and a $1,000 fine. Property owners can also sue trespassers directly in civil court, and they have three years from the date of the trespass to file.

What Counts as Unlawful Entry

Every trespass charge in Washington turns on one phrase: “enters or remains unlawfully.” Under RCW 9A.52.010, that means being somewhere you are not licensed, invited, or otherwise allowed to be.¹ The definition is broader than most people expect. A store open to the public still has back offices and stockrooms that are off-limits, and walking into one of those areas can be trespass even though you were welcome in the retail floor.

The statute treats open rural land differently. If land is unimproved, apparently unused, and not fenced or enclosed to keep people out, a person is presumed to have implied permission to be there. That presumption disappears the moment the owner posts conspicuous no-trespassing notice or tells the person directly to leave. It also does not apply to land that shows visible cultivation, land used for commercial aquaculture, or any fenced field regardless of the type of fence.¹

Criminal Trespass in the First Degree

First-degree criminal trespass is the more serious of the two charges. Under RCW 9A.52.070, a person commits this offense by knowingly entering or remaining unlawfully in a building.² No forced entry is required. Walking through an unlocked door after hours, refusing to leave a residence when the owner asks, or slipping into an office building on the weekend can all qualify.

The knowing element is the heart of the case. Prosecutors show it through circumstantial evidence: posted signs at the entrances, verbal warnings from the owner or an employee, locked doors that had to be bypassed, surveillance footage, or a history of prior incidents at the same address. Someone who entered out of curiosity or looking for shelter can still be charged if they ignored clear indicators that the building was off-limits.

The offense is a gross misdemeanor. The maximum penalty is 364 days in county jail, a fine of up to $5,000, or both.³ Courts can also order probation, community service, or restitution for any property damage. Refusing to leave when confronted, or trespassing in a home with residents present, tends to push sentences toward the higher end.

Criminal Trespass in the Second Degree

Second-degree criminal trespass covers everything outside of buildings. Under RCW 9A.52.080, a person commits this offense when they knowingly enter or remain unlawfully on someone else’s premises under circumstances that do not amount to first-degree trespass.⁴ Fenced yards, parking lots, agricultural land, and any real property that is not a building fall under this section.

Prosecutors do not need to prove the person actually saw a sign. They can argue that a reasonable person in the same situation would have understood they were not welcome. Fencing, hedges, chains across driveways, and posted warnings all support that argument, and a documented history of prior warnings makes ignorance a hard case to make.

Second-degree criminal trespass is a simple misdemeanor. The maximum penalty is 90 days in jail, a fine of up to $1,000, or both.³ Repeat offenses, or trespassing in sensitive areas like schools or government facilities, can lead to stricter sentencing. Courts may also issue no-contact orders barring the person from returning.

How Notice Works in Washington

Washington does not require every property owner to post no-trespassing signs, but signage makes enforcement dramatically easier and the rules depend on the type of land.

For unimproved, unused land that is not fenced, someone is presumed to have implied permission until the owner either posts conspicuous notice or communicates the restriction personally.¹ Without one of those steps, prosecutors have a hard time proving anyone “knowingly” trespassed. For improved land, fenced land, and buildings, posting is not required, because the character of the property itself puts people on notice.

Placement matters when signs are used. Courts look at whether the notice was reasonably visible. A sign hidden behind overgrown brush, mounted too high to read, or too small to catch the eye from the entry point may not qualify as adequate notice. Larger parcels typically need signs at multiple entry points. Verbal notice works just as well: once an owner tells someone directly that they are not welcome, any return without permission is a knowing violation.

Unlike about half the states in the country, Washington does not recognize purple paint markings on trees or fence posts as a legal substitute for no-trespassing signs. Owners here need conventional signage or direct communication.

Defenses to a Criminal Trespass Charge

Washington lists four specific statutory defenses to criminal trespass in RCW 9A.52.090. A defendant who proves any one of them defeats the charge.⁵

The building was abandoned at the time of entry. This is a complete defense to first-degree criminal trespass and recognizes the difference between entering a functioning building and one nobody is using or maintaining.
The premises were open to members of the public and the person followed all lawful conditions on access. Being arrested inside a government building during normal hours, without violating any posted rule, falls here.
The person reasonably believed the owner or someone authorized would have given permission. This comes up when boundaries are unclear, a previous invitation arguably still applied, or a tenant’s guest enters common areas.
The person entered to serve legal process, but the entry has limits. It cannot include a private residence or a building closed to the public, and it must have been reasonable and necessary for service.

Beyond the statutory list, defendants sometimes raise necessity, arguing they entered private property to escape immediate danger such as severe weather or a threatening situation. Washington courts have recognized necessity in narrow circumstances where trespassing was genuinely the only reasonable option. Convenience or discomfort does not qualify.

Lack of knowledge is also a practical defense. Because both degrees require the person to have “knowingly” entered or remained unlawfully, showing you had no reason to know you were on restricted property can defeat the charge. Unclear boundaries, missing signage on open land, and confusing property lines all support the argument.

Civil Trespass and the Three-Year Deadline

Criminal trespass is prosecuted by the state. Civil trespass is a separate track where the property owner sues the trespasser for damages. A civil trespass occurs when someone enters property without permission or causes an object or substance to intrude onto it, even without criminal intent. The owner does not have to prove the trespasser meant to cause harm, only that the trespasser knowingly performed the act that led to the intrusion.

That distinction reaches situations criminal law does not. Building a fence that extends onto a neighbor’s lot, dumping debris near a property line so it washes onto adjacent land, or allowing industrial runoff to contaminate a neighbor’s soil can all give rise to civil trespass claims.

Proof of actual damage is not required to win, but it determines what you recover. When no damage occurred, a court may award nominal damages or an injunction ordering the trespasser to stop. When real harm exists, such as destroyed crops, contaminated soil, or damaged structures, the court looks at the fair market value of the damaged property and any costs necessarily incurred to restore it. Punitive damages are possible in particularly egregious cases.

Property owners have three years from the date of the trespass to file a civil lawsuit. Under RCW 4.16.080, claims for trespass upon real property must be commenced within that window or they are barred.⁶ The clock starts on the date the trespass happened, not when the owner discovered it, with narrow exceptions for fraud or concealment.

Federal Property Is a Different System

Washington is home to several major federal installations, including Joint Base Lewis-McChord, Naval Station Everett, and Hanford Nuclear Reservation. Trespassing on these properties falls under federal law rather than state law, and the penalties are heavier.

Under 18 U.S.C. § 1382, anyone who enters a military installation after being ordered not to enter, or after being previously removed, faces up to six months in federal prison, a fine, or both.⁷ The statute requires a prior warning or removal, so a first-time accidental entry without prior notice is treated differently than deliberately returning after being escorted off.

For Secret Service-protected sites and areas designated as national special security events, 18 U.S.C. § 1752 makes it a crime to knowingly enter restricted buildings or grounds without authorization. The base penalty is up to one year in prison. If the person carries a weapon or if someone is seriously injured, the maximum jumps to 10 years.⁸ These cases go to federal court and produce a federal criminal record.

When a Trespasser Becomes a Squatter

A trespasser and a squatter can both be on your property without permission, but the law treats them very differently when it comes to removal. A trespasser is someone with no claim of right, and the police can remove them. A squatter is someone who has moved in and is living on the property, sometimes for an extended period. When that happens, law enforcement may decline to treat it as simple trespass, and the owner has to go through the formal eviction process.

The bigger risk for owners is adverse possession. Under RCW 4.16.020, a property owner who waits more than 10 years to take legal action to recover possession of their land loses the right to do so.⁹ For a squatter to succeed in an adverse possession claim, the occupation must be actual, open and obvious, continuous, exclusive, and hostile to the true owner’s rights. If the owner gave permission at any point, the hostile element fails and the clock resets. The practical takeaway is simple: if you discover someone occupying your land, act quickly, because the longer unauthorized occupation continues unchallenged, the harder removal becomes.

1
Washington State Legislature. RCW 9A.52.010 Definitions
2
Washington State Legislature. Washington Code 9A.52.070 – Criminal Trespass in the First Degree
3
Washington State Legislature. RCW 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. Washington Code 9A.52.090 – Criminal Trespass Defenses
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Washington State Legislature. RCW 4.16.080 Actions Limited to Three Years
7
Office of the Law Revision Counsel. 18 U.S. Code 1382 – Entering Military, Naval, or Coast Guard Property
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Office of the Law Revision Counsel. 18 USC 1752 – Restricted Building or Grounds
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Washington State Legislature. RCW 4.16.020 Actions to Be Commenced Within Ten Years