Criminal Trespass

Criminal Trespass 2017-03-30T15:31:44+00:00

Knowing Makes All the Difference

It is trespassing if . . .

• A person enters private property that is legally posted and they do not have written permission
to be there. This includes stream and river bottoms located in private property.
• A person enters private property even though they know that permission to be there has been denied or withdrawn. This applies whether the property is posted or not.
• A person remains on private property after they have been asked to leave by the landowner or person in control of the property.
• A person enters or stays on property owned or controlled by the State knowing that permission to do so has been denied.

It is not trespassing if . . .

• A person with a valid license enters private property whose owner has entered into an agreement with the New Mexico Game and Fish to allow the public to lawfully hunt, trap or fish.
• A person with a valid license is lawfully hunting, fishing or trapping on state trust land that is included in an easement between New Mexico State Game Commission and the Commissioner of Public Lands.


• Criminal trespass under Chapter 30-14-1, NMSA 1978 is a misdemeanor.
• Fines up to $1,000 and up to 364 days in jail, and up to twice the value of damaged property.
• If a person trespasses while involved in hunting, trapping or fishing activities he/she will have his/her hunting, trapping or fishing privileges revoked for at least three years.
• If a person damages any private property while trespassing he/she will be civilly responsible to
the owner for the damages for twice the value of the damage.
• If a person removes, damages or tampers with a “No Trespass” sign he/she is guilty of a petty misdemeanor which could result in a fine of $500 and six months in jail, unless the damage to the signs is more than $1,000 whereupon he/she will be guilty of a misdemeanor which could result in a fine of $1,000 and 364 days in the county jail.