Washington trespass law for commercial property.
What the Revised Code of Washington says about trespass on a business property: the two degrees, what counts as unlawful, what posting does, and the defenses.
What does Washington law say about trespassing on commercial property?
In Washington, knowingly entering or staying unlawfully in a building is first-degree criminal trespass, a gross misdemeanor; on any other premises it is second-degree, a misdemeanor (RCW 9A.52.070 and 9A.52.080). Someone is there unlawfully when they aren't licensed, invited or otherwise privileged to be, and the criminal code counts a fenced area as a building.
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A fence and a sign tell people they aren't welcome; they don't tell you who came in anyway. 911 Sentinel cameras flag a person on your property during your monitoring window, an alert reaches our team within 30 seconds, and within 3 minutes an operator warns them off with a recorded voice, siren and spotlights. If they stay, we call your team, then the police, and every alert is timestamped with 90 days of video. Nobody from 911 Sentinel approaches anyone.
What are the two degrees of criminal trespass?
Both crimes require that the person acted knowingly. "Premises" covers any building, dwelling or real property (RCW 9A.52.010). "Building" has its ordinary meaning and also includes any fenced area, vehicle, cargo container, or structure used for business or for keeping or selling goods, and each separately secured unit of a multi-unit building is its own building (RCW 9A.04.110).
| Crime | Where | Class | Maximum sentence |
|---|---|---|---|
| Criminal trespass, first degree (RCW 9A.52.070) | In a building | Gross misdemeanor | Up to 364 days in jail, a $5,000 fine, or both |
| Criminal trespass, second degree (RCW 9A.52.080) | In or upon the premises of another | Misdemeanor | Up to 90 days in jail, a $1,000 fine, or both |
Maximum sentences for gross misdemeanors and misdemeanors in Title 9A, under RCW 9A.20.021.
What "enters or remains unlawfully" means
A person "enters or remains unlawfully" in or upon premises "when he or she is not then licensed, invited, or otherwise privileged to so enter or remain" (RCW 9A.52.010). The test is whether the person is allowed there at that time, and it covers staying as well as getting in.
- Partly public buildings: permission to be in the public part of a building is not permission to be in the part that isn't open to the public.
- Set opening hours: on improved land open to the public at particular times and not fenced, permission during open hours does not cover other times if the prohibited times are posted in a conspicuous manner.
- Open, unused land: a person on unimproved, apparently unused land that isn't fenced or enclosed to keep intruders out is there with license and privilege, unless the owner or another authorized person tells them otherwise in person, or notice is posted in a conspicuous manner.
- Fenced land: a field fenced in any manner is not unimproved and apparently unused land.
Posting and notice, in plain words
The statute names two ways to tell people they may not be on land: telling them in person, and posting notice in a conspicuous manner. Which one matters depends on the property.
- A fenced yard or site: fencing takes the land out of the open-land rule, and the criminal code counts a fenced area as a building.
- A lot or plaza open at set times: posting the closed hours where people will see them is what takes away permission outside those hours.
- A store or office open to the public: the open-to-the-public defense covers only a visitor who complies with all lawful conditions on entering or remaining.
- Open land with no fence: notice in person from the owner or another authorized person, or a conspicuous posting.
- Police programs: Seattle's Trespass Warning Program has owners post the Conditions of Entry signs SPD provides, so police can act on the owner's behalf.
What defenses does the law allow?
| Defense | What the law says |
|---|---|
| Abandoned building | For first-degree trespass, the building was abandoned. |
| Open to the public | The premises were open to members of the public at the time, and the person complied with all lawful conditions on entering or remaining. |
| Reasonable belief | The person reasonably believed the owner, or someone empowered to allow access, would have let them enter or remain. |
| Serving legal process | The person was trying to serve legal papers, the entry was reasonable and necessary for that, and they did not enter a private residence or other building not open to the public. |
How does Seattle's trespass program fit in?
State law defines the crime; a city program gives police standing to act for an owner. Seattle's Trespass Warning Program is open to businesses and to owners of vacant residential or commercial property: the owner gets an authorization form from their precinct, posts the Conditions of Entry signs SPD provides, and agrees to cooperate in prosecutions. Police can then warn a person that their privilege to be there is revoked and arrest them if they return, or arrest without a warning someone found after business hours who knew they weren't allowed.
Common questions
Is trespassing a crime in Washington?
Yes. Knowingly entering or remaining unlawfully in a building is criminal trespass in the first degree, a gross misdemeanor, and on other premises it is criminal trespass in the second degree, a misdemeanor.
Does a fenced lot count as a building under Washington trespass law?
Washington's criminal code defines a building to include any fenced area, and criminal trespass in the first degree is knowingly entering or remaining unlawfully in a building.
Do I need No Trespassing signs in Washington?
Signs matter most where land is open. On unimproved, apparently unused land with no fence, a person may be there unless told otherwise in person or by notice posted in a conspicuous manner, and on land open to the public at set times, conspicuously posted closed hours end permission outside them.
What is the penalty for criminal trespass in Washington?
First-degree criminal trespass is a gross misdemeanor, punishable by up to 364 days in jail, a $5,000 fine, or both. Second-degree criminal trespass is a misdemeanor, punishable by up to 90 days in jail, a $1,000 fine, or both.
Sources
Checked .
- SPD Policy 15.270, trespass warning program
- RCW 9A.52.070, criminal trespass in the first degree
- RCW 9A.52.080, criminal trespass in the second degree
- RCW 9A.52.010, definitions (enters or remains unlawfully, premises)
- RCW 9A.52.090, criminal trespass defenses
- RCW 9A.04.110, definitions (building)
- RCW 9A.20.021, maximum sentences
- Seattle Police Department, Trespass Warning Program
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