Trespassing Laws in Maryland
When it comes to understanding trespassing laws in Maryland, the boundary between a harmless mistake and a criminal offense can often seem as thin as the property line itself. This guide covers the two main trespass crimes, the penalties, and the defenses our Maryland criminal lawyer team uses to challenge these charges.
Updated for 2026: Maryland Trespass Penalties
Maryland's core trespass crimes sit in Criminal Law Sections 6-402 and 6-403, which cover trespass on posted property and entering or remaining on private property after being told not to. The penalties escalate with repeat violations:
| Violation | Maximum penalty |
|---|---|
| First violation | 90 days, $500 fine, or both |
| Second violation (within 2 years) | 6 months, $1,000 fine, or both |
| Subsequent violations (within 2 years) | 1 year, $2,500 fine, or both |
The two flavors of the charge matter for the defense:
- Posted property (no notice needed). If the property is conspicuously posted against trespass with signs or paint marks, entering it is a crime even if nobody ever spoke to you. The State's proof problem becomes the posting itself: the signs have to be placed where they can reasonably be seen.
- Notice and refusal to leave. On unposted private property, the crime requires notice. The owner or the owner's agent must have told you to stay away, or told you to leave and you stayed. No notice, no trespass.
Trespass charges often come bundled with others from the same incident, like disorderly conduct when a confrontation got loud, or rogue and vagabond when a vehicle was involved.
Section 6-403: Trespass on Private Property (Notice and Refusal to Leave)
Criminal Law Section 6-403 is the trespass charge Maryland prosecutors file most often. It prohibits two things:
- Entering after being told to stay away. You may not enter or cross over private property, or board someone's boat, after the owner or the owner's agent notified you not to. The statute builds in a defense: entry under a good faith claim of right or ownership is not a crime.
- Remaining after being told to leave. You may not stay on private property after the owner or the owner's agent tells you to go.
Notice is the heart of a Section 6-403 case. No notice, no trespass. The statute also limits itself to wanton entry, meaning a deliberate, heedless entry rather than an accidental or innocent one, and it applies to housing project property the same way it applies to any other private property.
Section 6-402: Trespass on Posted Property
Criminal Law Section 6-402 covers land that is posted against trespass. Nobody has to speak to you first. Entering is a crime if the property is conspicuously posted by:
- Signs placed where they reasonably may be seen, or
- Paint marks on trees or posts at each road entrance and adjacent to public roadways, public waterways, and adjoining land, conforming to Department of Natural Resources regulations.
The posting requirements are the State's weak point. Signs that are missing, faded, or placed where nobody would see them do not meet the statute's "conspicuously posted" standard.
Maryland's "blue paint law." Instead of signs, property owners can mark boundaries with blue paint stripes as no-trespassing notice. The marks must meet specific dimension and placement requirements to be legally valid. People sometimes ask about a "purple paint law" — that is other states; Maryland uses blue.
Notice Rules the Statutes Don't Spell Out
- Police can act as the owner's agent. In stores, apartment complexes, and private venues, officers often carry a letter of authorization from the property owner allowing them to warn people off and enforce bans.
- Trespass warnings do not expire. A warning from an owner or authorized agent has no built-in end date unless one is stated. You can be charged years after the original warning unless it was formally revoked.
- Vehicles count. Operating an off-road vehicle on private property without permission is its own trespass violation, with exceptions for police, fire, military, and certain utility vehicles.
- Cultivated land has special protection. Land cleared and used for crops or orchards is protected even without posting, with exceptions for farm workers and those with ownership rights.
- Firearms add a charge. Carrying a firearm on someone else's property without permission implicates a separate provision, Section 6-411. If a gun was involved, see our gun charges pages.
Posted vs. Unposted Property: Why the Difference Matters
| Posted property (Section 6-402) | Unposted private property (Section 6-403) | |
|---|---|---|
| Does anyone have to warn you? | No. The posting is the warning | Yes. The owner or agent must give notice |
| What the State must prove | Conspicuous signs or conforming paint marks | Notice to stay away or leave, and wanton entry or remaining |
| Built-in statutory defense | Posting defects | Good faith claim of right or ownership |
Penalties for Trespassing
The penalties for trespassing in Maryland are identical under both sections and escalate for repeat offenders:
- First Violation: Imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
- Second Violation (within 2 years): Imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
- Subsequent Violations (within 2 years): Imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.
Defenses to a Maryland Trespassing Charge
The statutes themselves hand the defense several tools:
- Good faith claim of right. Section 6-403 does not criminalize entry under a good faith claim of right or ownership. Property line disputes, shared driveways, and tenancy arguments live here.
- No notice. On unposted land, the State must prove the owner or the owner's agent actually told you to stay away or leave. Secondhand warnings and assumptions do not cut it.
- Defective posting. For Section 6-402, signs must be conspicuous and reasonably visible, and paint marks must conform to DNR regulations and sit at the locations the statute lists.
- No wanton entry. Accidental or innocent entry is not the deliberate, heedless entry Section 6-403 targets.
- Consent. Permission from someone with authority over the property defeats the charge.
Our Annapolis criminal lawyers have defended trespass cases across Maryland, and you can read reviews from the clients we have represented.
Frequently Asked Questions
Is trespassing a misdemeanor in Maryland?
Yes. Trespassing under Criminal Law Sections 6-402 and 6-403 is a misdemeanor, not a felony. That still means a criminal record if convicted, and the jail exposure grows with each repeat violation within a 2-year window, from 90 days up to a full year.
What is the penalty for a first offense trespassing charge?
A first violation carries up to 90 days of imprisonment, a fine of up to $500, or both. A second violation within 2 years doubles the jail exposure to 6 months, and further violations within 2 years carry up to 1 year and $2,500.
What proof is needed for a trespassing conviction in Maryland?
It depends on which trespass crime is charged. For posted property, the State must show the property was conspicuously posted with signs or paint marks placed where they can reasonably be seen. For unposted private property, the State must prove notice: that the owner or the owner's agent told you to stay away or to leave, and that you entered or remained anyway.
What is considered trespassing in Maryland?
Trespassing in Maryland involves entering or remaining on private property without permission after being notified by the owner or the owner's agent not to do so, or entering property that is conspicuously posted against trespass.
How do I trespass someone from my property in Maryland?
To legally trespass someone from your property, you or your agent must notify the person not to enter or remain on your property. It's advisable to have a witness present and to document the notification.
Can you go to jail for trespassing in Maryland?
Yes, trespassing can result in imprisonment, with the duration depending on whether it's a first, second, or subsequent violation.
Can you be trespassed from public property in Maryland?
Yes, under certain conditions, individuals can be trespassed from public property, especially if their behavior constitutes a nuisance or threat.
Ready to Stand Up For Your Rights?
Facing a trespass charge in Maryland can be a daunting experience, but you don't have to face it alone. Our experienced criminal defense attorneys are here to provide the legal support and representation you need to challenge trespass charges. Contact us today and let's discuss how we can protect your rights and fight for a favorable outcome.