# Criminal Law (GCR) ## Title 6. Crimes Against Property ### Subtitle 4. Trespass #### Section 6-401 (a) In this subtitle the following words have the meanings indicated. (b) (1) "Off-road vehicle" means a motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain. (2) "Off-road vehicle" includes: (i) a four-wheel drive or low-pressure-tire vehicle; (ii) a motorcycle or a related two-wheel vehicle; (iii) an amphibious machine; (iv) a ground-effect vehicle; and (v) an air-cushion vehicle. (c) "Vehicle" has the meaning stated in Sec. 11-176 of the Transportation Article. (d) "Wanton" retains its judicially determined meaning. #### Section 6-402 (a) A person may not enter or trespass on property that is posted conspicuously against trespass by: (1) signs placed where they reasonably may be seen; or (2) paint marks that: (i) conform with regulations that the Department of Natural Resources adopts under Sec. 5-209 of the Natural Resources Article; and (ii) are made on trees or posts that are located: (1) at each road entrance to the property; and (2) adjacent to public roadways, public waterways, and other land adjoining the property. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; (2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and (3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. #### Section 6-403 (a) A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so, unless entering or crossing under a good faith claim of right or ownership. (b) A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; (2) for a second violation occurring within 2 years after the first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and (3) for each subsequent violation occurring within 2 years after the preceding violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. (d) This section prohibits only wanton entry on private property. (e) This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section. #### Section 6-404 (a) This section does not apply to: (1) a vessel; (2) a military, fire, or law enforcement vehicle; (3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving; (4) earth-moving or construction equipment used for those purposes; or (5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose. (b) Except when traveling on a clearly designated private driveway, a person may not use a vehicle or off-road vehicle on private property unless the person has in the person's possession the written permission of the owner or tenant of the private property. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 6-405 (a) In this section, "political subdivision" includes a: (1) county; (2) municipal corporation; (3) bicounty or multicounty agency; (4) county board of education; (5) public authority; or (6) special taxing district. (b) This section does not apply to: (1) a vessel; (2) a military, fire, or law enforcement vehicle; (3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving; (4) earth-moving or construction equipment used for those purposes; or (5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose. (c) Except as otherwise allowed by law, a person may not use an off-road vehicle on property known by the person to be owned or leased by the State or a political subdivision. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 6-406 (a) "Cultivated land" means land that has been cleared of its natural vegetation and is currently planted with a crop or orchard. (b) Unless a person has permission from the owner of cultivated land or an agent of the owner, a person may not enter on the cultivated land of another. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. (d) This section: (1) prohibits only wanton entry on cultivated land; and (2) does not: (i) prevent a person who resides on cultivated land from receiving a person who seeks to provide a lawful service; or (ii) apply to a person entering cultivated land under color of law or color of title. #### Section 6-407 (a) A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 6-408 (a) A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 6-409 (a) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during the time when the public building or grounds, or specific part of the public building or grounds, is regularly closed to the public if: (1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave has no apparent lawful business to pursue at the public building or grounds; and (2) a regularly employed guard, watchman, or other authorized employee of the government unit that owns, operates, or maintains the public building or grounds asks the person to leave. (b) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during regular business hours if: (1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave: (i) has no apparent lawful business to pursue at the public building or grounds; or (ii) is acting in a manner disruptive of and disturbing to the conduct of normal business by the government unit that owns, operates, or maintains the public building or grounds; and (2) an authorized employee of the government unit asks the person to leave. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. #### Section 6-410 (a) A person may not commit wanton trespass on the property of Government House. (b) Notwithstanding any other provision of law, the property of Government House need not be posted against trespass. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. #### Section 6-411 (a) (1) In this section the following words have the meanings indicated. (2) (i) "Dwelling" means a building or part of a building that provides living or sleeping facilities for one or more individuals. (ii) "Dwelling" does not include: (1) common elements of a condominium, as defined in Sec. 11-101 of the Real Property Article; (2) property of a cooperative housing corporation other than a unit as defined in Sec. 5-6B-01 of the Corporations and Associations Article; or (3) common areas of a multifamily dwelling as defined in Sec. 12-203 of the Public Safety Article. (3) "Firearm" has the meaning stated in Sec. 4-104 of this article. (4) "Law enforcement official" has the meaning stated in Sec. 4-201 of this article. (5) "Police officer" has the meaning stated in Sec. 3-201 of the Public Safety Article. (6) (i) "Property" means a building. (ii) "Property" does not include the land adjacent to a building. (b) This section does not apply to: (1) a law enforcement official or police officer; (2) an on-duty employee of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms; (3) a member of the armed forces of the United States, the National Guard, or the uniformed services on duty or traveling to or from duty; (4) a correctional officer or warden of a correctional facility in the State; (5) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right-of-way, a servitude, or any other property interest that allows public access on or through the real property; or (6) the wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right-of-way, a servitude, or any other property interest allowing access on or through the real property by: (i) the holder of the easement, right-of-way, servitude, or other property interest; or (ii) a guest or assignee of the holder of the easement, right-of-way, servitude, or other property interest. (c) A person wearing, carrying, or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner's agent has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling. (d) A person wearing, carrying, or transporting a firearm may not: (1) enter or trespass on property unless the owner or the owner's agent has posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or transport a firearm on the property; or (2) enter or trespass on property unless the owner or the owner's agent has given the person express permission to wear, carry, or transport a firearm on the property. (e) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (f) (1) A conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section. (2) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section. #### Section 6-412 (a) (1) In this section the following words have the meanings indicated. (2) "Practice land surveying" has the same meaning as provided in Sec. 15-101 of the Business Occupations and Professions Article. (3) "Professional land surveyor" means a land surveyor who is licensed by the State Board for Professional Land Surveyors to practice land surveying. (b) This subtitle does not apply to a professional land surveyor, or an agent or employee of a professional land surveyor, who enters a property to practice land surveying. --- Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)