North Dakota Trespassing Penalties (2026)

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

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

North Dakota Trespassing Penalties

OffensePenalty
First OffenseClass B misdemeanor: up to 30 days, $1,500 fine
Second OffenseClass A misdemeanor: up to 1 year

NDCC §12.1-22-03

Trespassing Statute of Limitations in North Dakota

In North Dakota, the statute of limitations for theft and property crimes is generally 3 years.

See all North Dakota statutes of limitations →

Defending Against Trespassing Charges in North Dakota

Common defenses in North Dakota 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 North Dakota criminal defense attorney for advice.

Related North Dakota Laws