Indiana Trespassing Penalties (2026)

Criminal trespassing charges charges in Indiana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Indiana, consult a licensed Indiana criminal defense attorney.

Indiana Trespassing Penalties

OffensePenalty
First OffenseClass B misdemeanor: up to 180 days, $1,000 fine
Second OffenseLevel 6 felony if prior or armed: 6 months-2.5 years

IC §35-43-2-2

Trespassing Statute of Limitations in Indiana

In Indiana, the statute of limitations for theft and property crimes is generally 5 years.

See all Indiana statutes of limitations →

Defending Against Trespassing Charges in Indiana

Common defenses in Indiana trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Indiana criminal defense attorney for advice.

Related Indiana Laws