Serious criminal trespass occurs when someone enters or remains unlawfully in a place with the intention of committing theft, an offence against a person, or a serious property offence punishable by 3 years or more.

For non-residential buildings, up to 10 years’ imprisonment (basic) or 20 years (aggravated). For residential places, up to 15 years (basic) or life imprisonment (aggravated).

The offence is aggravated if another person is present in the residence and the offender knows or is reckless about that fact, or if general aggravating circumstances under s 5AA apply (such as use of violence, weapon possession, or prior offending).

Criminal trespass is a lesser offence, usually involving unlawful entry into a residence while someone is home, but without the intent to commit theft or another serious crime. Maximum penalties are 3 years (basic) or 5 years (aggravated).

They must prove the accused entered or remained unlawfully, that the place was not open to the public, and that the accused intended to commit theft, an offence against a person, or a property offence punishable by 3+ years.

No. It can involve intent to commit assault, arson, or other serious property or personal offences, not just theft.

No, unless the consent was obtained by force, threat, or deception.

Yes. The offence is based on unlawful entry with intent, not on whether the intended crime was actually carried out.

These charges are indictable and usually heard in the District Court or Supreme Court of South Australia.

Yes, aggravated trespass in a place of residence can result in life imprisonment.

Residential trespass is treated more seriously because it involves people’s homes and personal safety. Penalties are higher than for non-residential buildings.

Seek immediate legal advice from one of our Adelaide criminal defence lawyers. These are serious indictable offences with heavy penalties, and early representation can affect the outcome of bail, plea negotiations, and sentencing.