What Is Criminal Trespass in Rhode Island?

Criminal trespass in Rhode Island occurs when someone willfully enters or stays on another person's land, home, or surrounding area (curtilage) without a legitimate reason and after being instructed not to do so by the owner, tenant, or authorized person.

The core elements of a criminal trespass charge in Rhode Island under Rhode Island General Laws § 11-44-26 are:

1. The trespasser was on land, a building, or the curtilage of another person's home.
2. The individual had no legitimate purpose for remaining there.
3. The owner, tenant, or someone with authority had asked them to leave or prohibited them from entering.

For a criminal trespass charge to result in a conviction, there must be notice in the form of a direct warning, posted "No Trespassing" signs, or other explicit actions by the owner.

How to Look Up Public Criminal Trespass Records in Rhode Island

Individuals seeking criminal trespass records in Rhode Island may obtain them via the following channels:

• Rhode Island Judiciary Public Portal: Using a party name or case number, requesters may search and view docket sheets free of charge. However, inquirers are expected to request certified copies from the clerk.
• Court Clerk or Judicial Records Center: For certified copies or older files, contact the specific court clerk or the Judicial Records Center. Copy and certification fees may apply.
• State background check (BCI): Any person may request their own state background check through the Rhode Island Attorney General's Office. Employers, licensing agencies, and authorized organizations (e.g., schools and healthcare providers) may also request BCI for employment or licensing purposes. This is a paid service, and the Attorney General's Office sets fees.

Note: Sealed or expunged records are not public records and typically do not appear during routine check requests. However, law enforcement maintains access to such files.

Types of Criminal Trespass Offenses

Rhode Island law typically charges criminal trespass as a misdemeanor, and the core offense is willful trespass. This involves knowingly entering and remaining on someone's land, home, or curtilage without a legitimate purpose after being forbidden by the owner, tenant, or authorized person. The penalties for this type of trespass comprise up to one year in jail and/or a fine of up to $1,000.
Criminal trespass offenses in Rhode Island are classified in many ways, depending on the circumstances and location of the act. These include:

• Trespass on school property (§ 11-21-2): This involves entering a school's premises without permission.
• Trespass after warning (§ 11-44-26): In this situation, the trespasser returned after being instructed not to enter, including by verbal notice. This scenario may result in more severe sentences.

Most trespass offenses in Rhode Island are misdemeanors. However, repeat incidents or aggravating factors, such as property damage or defying protective orders, may result in harsher punishments or related charges.

To understand how trespass fits within broader criminal classifications, readers may wish to review the article on types of crimes in Rhode Island.

Penalties for Criminal Trespass in Rhode Island

Under Rhode Island law (R.I. Gen. Laws § 11-44-26), most criminal trespass offenses are treated as misdemeanors, punishable by up to one year in jail and/or up to $1,000 in fines. This is the minimum penalty under the willful-trespass law, which covers entering or remaining after being forbidden to enter or told to leave. However, the punishments (fines) for criminal trespass offenses may evolve based on where and how the incident occurred.

For a criminal trespass offense on school property, the law mandates a minimum fine (ranging from $50 to $500 for a first-time offender and higher minimums for repeat offenders) and a jail term of up to six months.

Individuals trespassing at private recreational facilities (e.g., golf courses, beaches) may face a fine of up to $500.

Other factors that influence the severity of criminal trespass penalties include repeat offenses (which increase the mandatory fine ranges at schools) and associated conduct, such as vandalism or disorderly behavior, which may result in separate charges and penalties.

Can You Be Arrested for Criminal Trespass in Rhode Island?

In Rhode Island, criminal trespass is an arrestable offense. Under § 12-7-3 and related arrest provisions, an officer may take someone into custody if the officer encounters the person unlawfully on the property or if the person refuses to leave.

Per § 12-7-3, an officer may also execute a warrantless arrest for a misdemeanor offense not witnessed if they have reasonable cause (probable cause) and also have reasonable grounds to believe the person cannot be arrested later or may cause injury or property damage unless immediately arrested. The officer may establish probable cause through evidence, such as surveillance video, witness statements, or the owner's report. Suppose the circumstances of the offense do not justify a warrantless arrest. In that case, the officer is expected to seek a warrant or issue a summons based on the evidence gathered.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Rhode Island

Although criminal trespass and burglary share similar characteristics under Rhode Island law, the severity of punishments differs based on the offender’s intent.

Criminal trespass is about being on property without permission after notice (failing to leave or returning after being forbidden to do so). This is typically a misdemeanor offense, punishable by up to 1 year in jail or a $1,000 fine. This is an offense even if the trespasser has no intention of committing another crime. Simply being in a place where one lacks the license or privilege to be is sufficient to warrant a trespass charge.

In contrast, unlawfully entering a building is covered by two separate laws in Rhode Island: burglary and breaking and entering. Burglary is the most severe of the two. It involves going into someone's house or building without permission and with the intent to commit another crime inside (e.g., theft or assault). Due to the severity of the crime, burglary is classified as a felony, punishable by “life or any term not less than five (5) years”, depending on the circumstances (e.g., whether people were inside or weapons were used).

In Rhode Island, breaking and entering is a crime that involves entering a home, business, or other property without consent, typically through forced entry. This is also a felony, but penalties vary depending on where it occurred and the perpetrator's intent.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Rhode Island?

In Rhode Island, prosecutors allow first-time, nonviolent offenders to have their low-level cases, including criminal trespass charges, resolved through diversion or negotiated pleas. These plea bargains are usually based on the defendant’s prior record and the facts of the case, such as notice to leave and availability or absence of aggravating factors (e.g., damages, threats, etc).

The Superior Court, in collaboration with the Attorney General’s Office, offers first-time and low-level offenders diversion programs instead of the traditional conviction and incarceration. These diversion programs allow individuals to complete community service, restitution, or counseling in exchange for dismissal. If the program is successfully completed, the charge is dropped, and no conviction appears on the person's record.

Alternatively, the court may pause the case for a year (a one-year "filing") and impose conditions, such as staying out of trouble or fulfilling specific requirements. If the defendant successfully completes the requirements and is not arrested again, the charge is dismissed and automatically expunged (in accordance with state law) after one year.

A defendant may also be eligible for a deferred sentence under Rhode Island's deferred-sentence law. This is typically utilized for more serious cases. This option allows the defendant to comply with specific rules for a determined period of time, which may run into several years. If they complete that period with good behavior, the case may be cleared (expunged) under Rhode Island's deferred-sentence law and standard court practice.

Will a Rhode Island Criminal Trespass Charge Stay on Your Record?

Generally yes. A trespass conviction record stays permanently on someone's record until they are cleared. Requesters may view such a record via the Rhode Island Judiciary's Public Portal docket while the case is open and after disposition, unless access is restricted by law. The record may also appear on a statewide criminal history background check conducted by employers or licensing agencies.

Under § 12-1-12, individuals whose cases have been dismissed or who have been acquitted are typically eligible to have their records sealed. While some non-conviction records are automatically sealed, most still require a motion under the law.

Defendants who have completed diversions, filings, or deferred sentences and fulfilled all court-imposed requirements may also have their case sealed or expunged. Such records are removed from public view but remain accessible to law enforcement and authorized government agencies.

Conviction files usually stay on a defendant's record unless they are later eligible for expungement under Rhode Island's expungement statute (e.g., certain first-offender and limited multiple-misdemeanor situations after waiting periods and payment of obligations).

Expungement or Record Sealing Options in Rhode Island

Rhode Island offers two main record-clearing tools: sealing and expungement.

Sealing: This remedy option limits public access to a record but does not destroy it. Under Rhode Island law, most dismissed cases qualify for automatic sealing (no motion required). At the same time, other non-convictions (acquittals, no-infos) may be sealed via motion. Sealed cases are not visible through public searches; however, they often remain accessible to law enforcement.

Expungement: This process removes the case from public criminal-history records after the defendant has completed all court-imposed conditions and other legal requirements. In Rhode Island, the Expungement of Criminal Records Act outlines who is eligible (e.g., "first offenders"). It also states waiting periods (typically 5 years for misdemeanors and 10 years for felonies, both starting from the completion of the sentence). Violent crimes do not qualify for expungement under this Act.