{"id":5792,"date":"2026-03-23T10:25:21","date_gmt":"2026-03-23T10:25:21","guid":{"rendered":"https:\/\/thelawyerworld.com\/blog\/?p=5792"},"modified":"2026-07-06T09:19:20","modified_gmt":"2026-07-06T09:19:20","slug":"georgia-criminal-trespass-ocga-16-7-21-what-every-property-owner-and-defendant-needs-to-know","status":"publish","type":"post","link":"https:\/\/thelawyerworld.com\/blog\/georgia-criminal-trespass-ocga-16-7-21-what-every-property-owner-and-defendant-needs-to-know\/","title":{"rendered":"Georgia Criminal Trespass OCGA 16-7-21: What Every Property Owner and Defendant Needs to Know"},"content":{"rendered":"\n

When a Line Gets Crossed \u2014 Literally<\/strong><\/h2>\n\n\n\n

One of your neighbors tramps over your lawn. An ex-girlfriend appears at the door when you have already told him to go away. There is a person hanging around your store parking lot at midnight. Are some of these criminal trespass in Georgia? Maybe. It is more or less based on the few things- and the vast majority of people including the ones being accused of the crimes fail to get those few things right.<\/p>\n\n\n\n

The criminal trespass law, OCGA 16-7-21, is charged more frequently as compared to nearly any other misdemeanor. It manifests itself in domestic conflicts<\/a>, fights over landlord-tenant, retail bans and all the rest in between. It is also bewildered, on a regular basis, with burglary, civil trespass and squatting illegally, which are entirely different creatures.<\/p>\n\n\n\n

This article breaks down exactly what the law says, how Georgia courts have interpreted it over the years and what both property owners and accused individuals need to know before the situation gets worse. There’s no fluff here just the statute, the cases and the practical reality of how this plays out.<\/p>\n\n\n\n

One of the reasons why it is worth notifying it initially: <\/strong>criminal trespass is a misdemeanor. That may not seem much, but a conviction remains on your file, influences applications to a house or a job and can escalate to very big things should you be convicted again. Take it seriously.<\/p>\n\n\n\n

The Statute in Plain English<\/strong><\/h2>\n\n\n\n

The full text of \u00a7 16-7-21<\/a> has five subsections and each one covers a genuinely different situation. Here’s what each actually means:<\/em><\/strong><\/p>\n\n\n\n

Subsection (a) \u2014 Damage or Interference<\/strong><\/h3>\n\n\n\n

This one is about property damage. If you intentionally damage someone else’s property without permission and the damage is $500 or less, that’s criminal trespass. Also covered:<\/em><\/strong> knowingly and maliciously interfering with someone’s use of their property. Note the word “maliciously” this isn’t about accidents.<\/p>\n\n\n\n

Subsection (b) \u2014 The Three Entry Scenarios<\/strong><\/h3>\n\n\n\n

This is the subsection most people think of when they hear “trespassing.” There are three ways to commit it:<\/em><\/strong><\/p>\n\n\n\n