12A.08.040 Criminal Trespass

A. A person is guilty of criminal trespass if he or she knowingly enters or remains in or upon the premises of another when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.

B. A license or privilege to enter or remain in a building which in only partly open to the public is not a license or privilege to enter or remain in that part of
the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor
otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other
authorized person, or unless notice is given by posting in a conspicuous manner.

C. In any prosecution under subsection A it is an affirmative defense that:

1. A building involved was abandoned: or

2. The actor reasonably believed that the owner of the premises or other person empowered to license access thereto, would have licensed him or her to enter or remain; or

3. The actor was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any
statute, ordinance, governmental rule or regulation, or court order, excluding delivery by the mails of the United States. This defense is available only if the
actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.