Trespass
11 Del. C. § 821 — open land is a violation, enclosed land an unclassified misdemeanor, and a dwelling a class A misdemeanor
| Degree | Knowingly entering or remaining unlawfully | Level |
|---|---|---|
| DegreeThird | Knowingly entering or remaining unlawfullyUpon real property | LevelA violation |
| DegreeSecond | Knowingly entering or remaining unlawfullyIn a building, or on land fenced or enclosed in a manner manifestly designed to exclude intruders | LevelUnclassified misdemeanor |
| DegreeFirst | Knowingly entering or remaining unlawfullyIn a dwelling, or a building used to shelter, house, raise, feed, breed, study or exhibit animals | LevelClass A misdemeanor |
Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor of its own.
Whether a person was licensed or privileged to be there decides most trespass cases. A particular charge is a question for a licensed Delaware attorney.
Sources for this section (4)
- 11 Del. C. § 821 — Criminal trespass in the third degree; a violation
- 11 Del. C. § 822 — Criminal trespass in the second degree; unclassified misdemeanor
- 11 Del. C. § 823 — Criminal trespass in the first degree; class A misdemeanor
- 11 Del. C. § 820 — Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.