What is Criminal Trespass in Connecticut?

Criminal trespass in Connecticut occurs when someone intentionally enters or remains on a property without the license or permission to be there.

Connecticut General Statutes §§ 53a-107 to 53a-110a define criminal trespass and outline the range of behaviors it encompasses, depending on the location and whether prior notice has been given.

Connecticut law categorizes criminal trespass into the following degrees:

• First-degree (§ 53a-107): A person may face a first-degree trespass charge if they enter or remain after being personally told not to do so. This degree of trespass also includes those who violate a restraining or protective order or disobey a lawful order to leave public property.
• Second-degree (§ 53a-108): An individual is liable to a second-degree criminal trespass charge by entering or remaining in a building or on public land without permission.
• Third-degree (§ 53a-109): This charge applies to trespassers who enter a fenced, posted, or enclosed land, or state-institution property.
• Simple trespass (§ 53a-110a): This is an infraction that applies to unauthorized entry without intent to harm property.

To secure a conviction for criminal trespass in Connecticut, prosecutors are expected to prove beyond a reasonable doubt that the defendant knew they were not authorized to be present. "No Trespassing" signs, fencing, or verbal warnings are some elements that are often used to establish knowledge.

How to Look Up Public Criminal Trespass Records in Connecticut

Individuals seeking public criminal trespass records may use the following resources:

Criminal/Motor Vehicle Case Look-up: Requesters may visit the Criminal/Motor Vehicle Case Look-Up page on the Connecticut Judicial Branch website to search for criminal trespass records. The portal enables users to conduct free, basic online searches using the defendant's name or docket number. The platform generates results including case status, charges, and court location.

Clerk of the Superior Court: Individuals wishing to obtain certified copies of their criminal records may submit a written request to the Clerk of the Court at the courthouse where the arrest occurred. Copying and certification fees may apply.  

Connecticut Criminal History Request System (CCHRS): Anyone may request their own criminal history record through the Connecticut State Police – State Police Bureau of Identification (SPBI). To obtain such records, they are expected to submit a fingerprint-based background check through CCHRS or a LiveScan vendor (fees apply).

Types of Criminal Trespass Offenses

In Connecticut, the law categorizes different types of crimes based on the severity of the offense. Criminal trespassing is classified into four types, ranging from a non-criminal infraction to misdemeanors. The different criminal trespass variants are discussed as follows:

Criminal trespass in the first degree: This involves entering or staying in a building or any premises after a personal order to leave or not enter, or in violation of a protective or restraining order, or after an authorized official orders a person off public land; it is a Class A misdemeanor.

Criminal trespass in the second degree: Anyone who knowingly enters or stays in a building or public land without permission. The offense is classified as a Class B misdemeanor.

Criminal trespass in the third degree: This occurs when someone enters or remains on posted or fenced property, railroad property, or certain institution lands. Typically, this is a Class C misdemeanor, but it may escalate to a Class B misdemeanor if it involves hunting, trapping, or fishing without permission.

Simple trespass: This applies when a person knowingly enters or remains on premises without permission and without intent to damage or harm any property. Connecticut law views this category of trespass as an infraction.

In all cases, "entering or staying unlawfully" and the use of "notice" (such as signs, fencing, and verbal orders) may affect trespassing charges. 

Penalties for Criminal Trespass in Connecticut

In Connecticut, trespassing may be classified as a Class A, B, or C misdemeanor depending on the degree of the offense. Simple trespass is an infraction punishable only by fines, not jail time.   

Penalties for other criminal trespass degrees are as follows:

First-Degree Criminal Trespass (C.G.S. § 53a-107)

• Classification: Class A misdemeanor
• Penalty: Up to 364 days in jail (per § 53a-36a) and fines up to $2,000
• Examples: Entering or remaining after being personally ordered to leave or not enter, violating a protective/restraining order, and defying an authorized official's order to leave public land

Second-Degree Criminal Trespass (C.G.S. § 53a-108)

• Classification: Class B misdemeanor
• Penalty: Up to 6 months in jail and fines up to $1,000

Third-Degree Criminal Trespass (C.G.S. § 53a-109)

• Classification: Class C misdemeanor
• Standard Penalty: Up to 3 months in jail and fines up to $500
• Enhanced Penalty: Trespass incidents involving hunting, trapping, or fishing may be elevated to a Class B misdemeanor, with a mandatory fine of $500 to $1,000. 

Can You Be Arrested for Criminal Trespass in Connecticut?

Criminal trespass is an arrestable offense in Connecticut. According to Conn. Gen. Stat. § 54-1f, officers may arrest someone without a warrant if:

• An offense was committed in their presence.
• There are "reasonable grounds" (probable cause) that an offense has occurred.
• There is surveillance video, witness statements, or other reliable information that establishes probable cause if the officer does not personally witness the trespass offense.

Criminal trespass in Connecticut comprises three categories of trespass offenses (first-, second, and third-degrees) pursuant to §§ 53a-107, 53a-108, and 53a-109. If the facts fit one of these offenses and there is probable cause, an on-scene or probable-cause arrest is authorized.  

How Criminal Trespass Differs from Burglary or Breaking and Entering in Connecticut

In Connecticut, criminal trespass and burglary are not synonymous. Criminal trespass involves unlawfully and intentionally entering or remaining on someone's property without permission or after being instructed to leave. The principal element in a trespass offense is unauthorized presence; intent to commit any further crime is not required. Simply entering or remaining on a property one is not authorized to occupy is a crime in itself. Notice through "No Trespassing" signs, fences, or enclosures, or a personal order, also makes staying on a property illegal. 

In comparison, burglary (under § § 53a-101 to 53a-103) involves entering or remaining in a building or vehicle with the intent to commit a crime (such as theft, assault, or vandalism) inside. In Connecticut, physical "breaking" into a property is not required for burglary; simply entering the premises with the intent to commit a crime is enough.

In essence, while burglary focuses on unauthorized entry with the intent to commit further crime, trespass targets unauthorized presence alone. Likewise, trespass offenses are typically misdemeanors or infractions. In contrast, burglary is a felony or lesser class crime with stiffer penalties. 

Can a Criminal Trespass Charge Be Dismissed or Reduced in Connecticut?

Yes. Connecticut prosecutors may resolve criminal trespass by offering plea deals that dismiss or reduce charges (e.g., reducing a Class B trespass to a Class C or even an infraction) or agree to a lenient sentence.

Some local criminal courts and community court systems also offer pretrial diversion or informal adjustment programs that may ultimately result in dismissal or erasure if the defendant completes the program. These programs include:

• Accelerated Pretrial Rehabilitation: Under this remedy, prosecution is suspended. If the defendant completes all specified conditions, the court dismisses the charge and erases all record of its existence. (C.G.S. § 54-56e)
• Supervised Diversionary Program (psychiatric disability/veterans): This program provides amenable treatment to individuals with psychiatric disability or veterans with mental health conditions instead of going to trial for lesser offenses.

Connecticut law (C.G.S. § 54-142a) allows for automatic erasure of certain nondisposition cases (dismissals, acquittals, nolle prosequi) after statute-defined waiting periods:

• Dismissals and acquittals are erased after a 20-day appeal period.
• Nolle prosequi cases are erased after 13 months.

Getting convictions dismissed or reduced is more difficult than the remedies listed above. However, a defendant may apply for an Absolute Pardon from the Board of Pardons and Paroles for an Absolute Pardon. 

Will a Connecticut Criminal Trespass Charge Stay on Your Record?

Yes. Trespass conviction records will remain on someone's record indefinitely unless they seek to have them removed under Connecticut's erasure law. A trespass conviction is part of an individual's public criminal history records. It may be visible to employers, landlords, or licensing agencies conducting background checks.

Individuals with cases that were dismissed, acquitted, or nolle prosequi (charges withdrawn) will have those records automatically expunged after the expiration of the applicable statutory waiting periods. Dismissals and acquittals are erased after a 20-day appeal period, and nolle prosequi records after 13 months.  

For a conviction, low-level misdemeanors and low-level felonies may qualify for erasure under Connecticut's Clean Slate program. The state's clean-slate-style program automatically erases low-level misdemeanors after 7 years and some low-level felonies after 10 years, provided there are no new convictions. 

Note: In Connecticut, erasure means that clerk offices and law enforcement cannot disclose the record to the public; the subject of the records may legally claim they have never been arrested for that crime. 

Expungement or Record Sealing Options in Connecticut

In Connecticut, the legally adopted term for sealing or expunging records of adult criminal cases is record erasure.

The main types of case remedies available under Connecticut's erasure laws are as follows:

• Non-conviction records: Individuals with cases that were dismissed, acquitted, or nolle prosequi (charges withdrawn) will have those records automatically erased upon expiration of the applicable statutory waiting periods. Dismissals and acquittals are erased after a 20-day appeal period, and nolle prosequi records after 13 months.  
• Conviction records: Under the erasure law, individuals convicted of a criminal offense may obtain a comprehensive individual remedy by applying for an Absolute Pardon from the Board of Pardons and Paroles. 

Under the Connecticut Clean Slate Law (Public Act 21-32), individuals with low-level misdemeanors and low-level felonies may be eligible for automatic erasure of their criminal record. The waiting period for low-level misdemeanors is 7 years, while it is 10 years for low-level felonies.