Pennsylvania
Pennsylvania Disorderly Conduct and Criminal Trespass Laws (2026)
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Pennsylvania treats disorderly conduct under 18 Pa.C.S. 5503 as a summary offense in its ordinary form, punishable by up to 90 days in jail and a fine of up to $300. It becomes a third-degree misdemeanor when the person intends substantial harm or serious inconvenience, or keeps going after a reasonable warning or request to stop.
Criminal trespass is one section, 18 Pa.C.S. 3503. It ranges from a summary offense for ignoring posted, fenced or purple-painted notice up to a second-degree felony for breaking into a building or occupied structure. For other states, see our guide to disorderly conduct and trespass laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Pennsylvania's state criminal statutes on disorderly conduct and related public-order offenses (18 Pa.C.S. Chapter 55, plus sections 5102 and 7517), false-alarm, false-report and threat offenses (sections 2706, 2715, 4905, 4906 and 4906.1, and 911 misuse under 35 Pa.C.S. 5310), criminal trespass (18 Pa.C.S. Chapter 35), hunting trespass under the Game Code (34 Pa.C.S. 2314) and trespass by motor vehicle (75 Pa.C.S. 3717). It does not cover local noise ordinances and quiet hours (see Pennsylvania noise laws), the civil process for removing squatters (see Pennsylvania squatters' rights), use of force against an intruder (see Pennsylvania self-defense laws), city or township ordinances, civil trespass lawsuits, or rules for federal property.
What disorderly conduct means in Pennsylvania
Section 5503 is Pennsylvania's general public-disturbance offense. Chapter 55 of the Crimes Code has no separate "breach of the peace" or "disturbing the peace" section; section 5503, together with the neighbouring offenses below, fills that role. The offense reads:
"A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or (4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor." (18 Pa.C.S. 5503(a))
In plain terms, each of the four clauses needs the same mental state: the person either intends public inconvenience, annoyance or alarm, or recklessly creates a risk of it.
- Fighting or threatening (a)(1). Fighting, threatening, or violent or tumultuous behavior. A one-sided attack is usually charged under the assault statutes; see Pennsylvania assault and battery laws.
- Unreasonable noise (a)(2). Making unreasonable noise. For quiet hours and local noise rules, see Pennsylvania noise ordinance laws.
- Obscene language or gestures (a)(3). Using obscene language or making an obscene gesture. In Commonwealth v. Bryner, 652 A.2d 909 (Pa. Super. 1995), the Superior Court applied the Miller v. California obscenity test to this clause and held that the insult "Go to hell, Betsy" did not appeal to prurient interests, so the conviction under (a)(3) could not be upheld.
- Hazardous or offensive condition (a)(4). Creating a hazardous or physically offensive condition by an act that "serves no legitimate purpose of the actor."
Where it applies: the meaning of "public"
Section 5503(c) defines "public" broadly:
"As used in this section the word 'public' means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public."
The penalty: summary offense or third-degree misdemeanor
Section 5503(b) sets two grades:
"An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense."
- Summary offense (the default). Up to 90 days (section 1105) and a fine of up to $300 (section 1101(7)), the general limits for a summary offense for which no higher fine is set.
- Third-degree misdemeanor. Up to 1 year in prison (section 1104(3)) and a fine of up to $2,500 (section 1101(6)), when the person intends substantial harm or serious inconvenience, or persists after a reasonable warning or request to desist.
Section 5503 itself has no felony form; riot, below, is the felony built on a course of disorderly conduct.
Swearing at an officer: Commonwealth v. Hock
In Commonwealth v. Hock, 556 Pa. 409, 728 A.2d 943 (1999), the Pennsylvania Supreme Court held that a single profane remark a woman made to an officer did not constitute disorderly conduct, so the officer lacked probable cause to arrest her for that offense. The majority analysed the remark under subsection (a)(1), the fighting and threatening clause, and concluded:
"Under the factual circumstances of the present case, a trier of fact could not reasonably find that Hock's comment risked an immediate breach of the peace."
In a footnote the court added that "an interpretation of Section 5503 imposing a per se proscription on remarks of the kind uttered by Hock would implicate substantial First Amendment concerns."
The ruling applied the statute to the facts of that case. It did not strike down any part of section 5503 and did not address the noise or hazardous-condition clauses.
Related public-order offenses in Pennsylvania
These offenses sit beside section 5503 in Chapter 55 and nearby chapters of the Crimes Code. Subchapter A of Chapter 55 also contains offenses for desecrating venerated objects (5509), abuse of a corpse (5510), gambling (5512 to 5514) and paramilitary training (5515), which this article does not cover, and facsimile weapons of mass destruction (5516), covered below with the false-alarm offenses.
- Riot, section 5501. A person commits riot, "a felony of the third degree, if he participates with two or more others in a course of disorderly conduct: (1) with intent to commit or facilitate the commission of a felony or misdemeanor; (2) with intent to prevent or coerce official action; or (3) when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon." Up to 7 years and $15,000.
- Failure of disorderly persons to disperse, section 5502. Where three or more people are engaged in disorderly conduct that "causes or may reasonably be expected to cause substantial harm or serious inconvenience, annoyance or alarm," an officer may order them and others nearby to disperse. Refusing or knowingly failing to obey is a second-degree misdemeanor, up to 2 years and $5,000.
- Public drunkenness, section 5505. Appearing in a public place "manifestly under the influence of alcohol or a controlled substance" (other than one taken under a practitioner's lawful order) "to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity" is a summary offense, punishable by up to 90 days (section 1105) and a fine of up to $500 for a first violation and up to $1,000 for a second or later one.
- Loitering and prowling at night, section 5506. Maliciously loitering or prowling at night around a dwelling or other place used for living, belonging to or occupied by another, is a third-degree misdemeanor.
- Obstructing highways and other public passages, section 5507. Intentionally or recklessly obstructing a highway, railroad track, utility right-of-way, sidewalk, navigable waters or other public passage without legal privilege is a summary offense, or a third-degree misdemeanor if the person persists after a warning by a law officer. The section adds that no one is guilty "solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering."
- Refusal to move on, section 5507(b). A person in a gathering commits a summary offense by refusing "a reasonable official request or order to move" to prevent obstruction of a highway or other public passage, or to disperse people gathered in dangerous proximity to a fire or other hazard. An order addressed to a person whose speech or other lawful behavior attracts an obstructing audience "shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering." "Obstructs" means "renders impassable without unreasonable inconvenience or hazard" (section 5507(c)).
- Disrupting meetings and processions, section 5508. Disturbing or interrupting a lawful meeting, procession or gathering with intent to prevent or disrupt it is a third-degree misdemeanor.
- Unauthorized school bus entry, section 5517. Entering a school bus without the driver's or a school official's prior authorization, either with intent to commit a crime or disrupt or interfere with the driver, or then refusing to get off when ordered, is a third-degree misdemeanor.
- Picketing to influence a court, section 5102. Picketing or parading in or near a courthouse, or near the home of a judge, juror, witness or court officer, with intent to influence that person's duties is a second-degree misdemeanor.
False alarms, false reports and threats
These offenses sit in Chapters 27 and 49 of the Crimes Code, Chapter 55 and the 911 chapter of Title 35. Several are graded higher during a declared state of emergency.
- False alarms to public safety agencies, section 4905. Knowingly causing "a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property" is a first-degree misdemeanor. It is a third-degree felony if the false alarm is transmitted during a declared state of emergency and diverts the organization's resources from the emergency.
- False reports to law enforcement, section 4906. Knowingly giving false information to a law enforcement officer with intent to implicate another is a second-degree misdemeanor. Reporting an offense or other incident knowing it did not occur, or pretending to have information about one, is a third-degree misdemeanor. Either offense is "graded one step greater" if it occurs during a declared state of emergency and diverts law enforcement resources from it, or if it is a false report of the theft or loss of a firearm (section 4906(c)).
- False reports of child abuse, section 4906.1. Intentionally or knowingly making a false report of child abuse under 23 Pa.C.S. Chapter 63, or inducing a child to make a false claim, is a second-degree misdemeanor.
- Terroristic threats, section 2706. Communicating, directly or indirectly, a threat to commit any crime of violence with intent to terrorize another, to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to cause serious public inconvenience, or causing terror or serious public inconvenience with reckless disregard of that risk. It is a first-degree misdemeanor, and a third-degree felony if the threat causes the occupants of the building, place of assembly or facility to be diverted from their normal or customary operations. "Communicates" includes in person and by written or electronic means such as telephone, email and the Internet, and a person convicted must pay restitution for the cost of any evacuation.
- Threat to use weapons of mass destruction, section 2715. Intentionally reporting "without factual basis of knowledge the existence or potential existence of a weapon of mass destruction," or threatening by any means to place or set one, is a first-degree misdemeanor; a third-degree felony if the report or threat diverts the occupants of a building, place of assembly or facility of public transportation from their normal operations; and a second-degree felony if it occurs during a declared state of emergency and disrupts the operations where the weapon is reported or threatened. A weapon of mass destruction includes a bomb. Each report or threat is a separate offense, and restitution of evacuation costs is required.
- Facsimile weapons of mass destruction, section 5516. Intentionally, knowingly or recklessly making, transporting, delivering, possessing or using a fake bomb or a fake biological, chemical or nuclear agent, where that causes a person to be terrified, intimidated, threatened or harassed, causes alarm or reaction by an emergency or law enforcement organization, or causes serious public inconvenience, is a third-degree felony.
- Misusing 911, 35 Pa.C.S. 5310(a). Intentionally contacting 911 "for other than emergency purposes" is a second-degree misdemeanor. A second offense is a first-degree misdemeanor, and a third or later offense is a third-degree felony.
Demonstrations near a funeral or memorial service
Section 7517(b) makes it a third-degree misdemeanor to engage in "demonstration activities within 500 feet of any cemetery, mortuary, church or other location being utilized for the purposes of a commemorative service within one hour prior to, during and one hour following the commemorative service."
"Demonstration activities" means picketing; an oration, speech or use of sound amplification that is not part of the service; displaying a placard, sign, banner or flag that is not part of the service; or distributing handbills or other printed matter other than a service program (section 7517(c)). A "commemorative service" includes a burial, funeral, ceremony or memorial service for a specific deceased person, a viewing or visitation, and a procession to the cemetery or other location.
Criminal trespass in Pennsylvania
Pennsylvania has no numbered degrees of trespass. Section 3503 has a felony tier for buildings and occupied structures and a notice-based "defiant trespasser" tier for other places, plus agricultural and biosecurity forms. Every entry form requires that the person know he is "not licensed or privileged" to be there; the biosecurity-measures offense in (b.3)(1)(ii) instead turns on knowingly or recklessly failing to follow posted measures.

Told to leave, and what counts as notice
The defiant trespasser offense, section 3503(b)(1), applies to a person who, knowing he is not licensed or privileged to do so, "enters or remains in any place as to which notice against trespass is given by":
- "actual communication to the actor";
- "posting in a manner prescribed by law or reasonably likely to come to the attention of intruders";
- "fencing or other enclosure manifestly designed to exclude intruders";
- notices posted at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official;
- "an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer"; or
- qualifying purple paint marks (below).
Section 3503 does not prescribe a sign size or wording. The posting test is the statute's own phrase: posting "in a manner prescribed by law or reasonably likely to come to the attention of intruders."
The grade depends on the kind of notice (section 3503(b)(2)):
- Order to leave, personally communicated. "An offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person." Up to 1 year and $2,500.
- Order to leave school grounds. Defying an order to leave school grounds under (b)(1)(v) is a first-degree misdemeanor, up to 5 years and $10,000. "School grounds" covers publicly funded elementary and secondary schools, licensed private schools, parochial schools, certified day-care centers and licensed preschool programs (section 3503(d)).
- Everything else. Otherwise defiant trespass is a summary offense: up to 90 days (section 1105) and a fine of up to $300 (section 1101(7)).
Pennsylvania's purple paint law
Since Act 103 of 2019, purple paint marks are a form of notice. Under section 3503(b)(1)(vi), the marks go "on trees or posts on the property" and must be:
"(A) vertical lines of not less than eight inches in length and not less than one inch in width; (B) placed so that the bottom of the mark is not less than three feet from the ground nor more than five feet from the ground; and (C) placed at locations that are readily visible to a person approaching the property and no more than 100 feet apart."
Section 3503(b)(3) limits the rule: "Paragraph (1)(vi) shall not apply in a county of the first class or a county of the second class." In those counties, the other forms of notice still apply.
Entering a building or occupied structure: the felony forms
Section 3503(a)(1) applies to a person who, knowing he is not licensed or privileged to do so:
- (i) "enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof," a third-degree felony (up to 7 years and $15,000); or
- (ii) "breaks into any building or occupied structure or separately secured or occupied portion thereof," a second-degree felony (up to 10 years and $25,000).
"Breaks into" means "to gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access." An "occupied structure" is "any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present" (section 3501).
Burglary (section 3502) is the next step up: it adds the intent to commit a crime inside, and is a first-degree felony except in the circumstances section 3502(c)(2) lists.
Simple trespass
Under section 3503(b.1), a person who knowingly enters or remains in any place without license or privilege "for the purpose of: (i) threatening or terrorizing the owner or occupant of the premises; (ii) starting or causing to be started any fire upon the premises; or (iii) defacing or damaging the premises" commits a summary offense.
Farm and open land
- Agricultural trespasser, section 3503(b.2). Entering or remaining on "agricultural or other open lands" that are posted, or fenced or enclosed "in a manner manifestly designed to exclude trespassers or to confine domestic animals," is a third-degree misdemeanor "punishable by imprisonment for a term of not more than one year and a fine of not less than $250." Defying an order not to enter or to leave, personally communicated by the owner or another authorized person, is a second-degree misdemeanor punishable by up to 2 years and a fine of $500 to $5,000. The term covers farmland, land with forest trees capable of producing timber, land in an agricultural security area, and land zoned for agricultural use.
- Agricultural biosecurity area trespasser, section 3503(b.3). Knowingly entering an agricultural biosecurity area without license or privilege is a third-degree misdemeanor. Knowingly or recklessly failing to perform the biosecurity measures that posted notice requires for entry is a summary offense. Either becomes a first-degree misdemeanor if it causes damage to or the death of an animal or plant in the area. A biosecurity area is one the owner has identified "by posted notice," meaning notice "posted in a manner which is reasonably likely to come to the attention of a person" (3 Pa.C.S. 2303).
- Harm to a domestic animal. Section 3503(c.2), added by Act 60 of 2022, directs that a sentencing enhancement be provided for courts to consider where a domestic animal is harmed or killed in the course of a criminal trespass.
Hunting trespass under the Game Code
Section 2314 of the Game Code (34 Pa.C.S.) covers people who trespass while hunting or furtaking. Its subsection (a)(4) reaches land where "notice against trespass is given by the placement of identifying purple paint marks on trees or posts on the property, in accordance with 18 Pa.C.S. § 3503(b)(1)(vi)." The grades, under section 2314(c):
- Posted, fenced or purple-painted land ((a)(1), (3) or (4)): a summary offense of the second degree, with possible forfeiture of the privilege to hunt or take game or wildlife anywhere in Pennsylvania for up to one year. Under Game Code section 925(b)(6), that grade carries a fine of $400 to $800 and up to one month in prison.
- Violating subsection (a)(2), which covers entering or remaining after being personally ordered off: a misdemeanor, with a three-year forfeiture of hunting privileges. Section 925(b)(4) sets a fine of up to $3,000 and up to six months.
- A second or later violation within seven years: a misdemeanor with a five-year forfeiture.
Section 925(j) makes the Title 18 fine and prison rules inapplicable to Game Code summary offenses and misdemeanors, which is why these ranges differ from the Crimes Code classes.
Railroads, vehicles and drones
- Railroad property, section 3504. Without lawful authority or the carrier's consent, damaging railroad property (including the right-of-way or yard) or delaying railroad operations, or riding on the outside of a train or inside a passenger car, locomotive or freight car, is a third-degree misdemeanor.
- Trespass by motor vehicle, 75 Pa.C.S. 3717. Knowingly driving a motor vehicle on another person's private real property without the owner's or lessor's consent is unlawful, as is knowingly driving on a private road or driveway without consent except in an emergency or to turn around where no other means is provided. A gate, fence or similar obstruction, or a readily visible sign, at or near the entry points creates a rebuttable presumption that a driveway violation was knowing. The driveway offense is a summary offense with a $100 fine. Knowingly or recklessly damaging property by driving on private land, or knowingly driving on another's cultivated agricultural land without consent, is a summary offense with a $500 fine for a first conviction and a $1,000 fine plus a six-month suspension of operating privileges for a second or later one, plus restitution. Section 7724 applies the same penalties to snowmobiles and ATVs.
- Unmanned aircraft, section 3505. Using a drone to conduct surveillance of a person in a private place, or in a way that places someone in reasonable fear of bodily injury, is a summary offense with a fine of up to $300; using one to deliver contraband to a prison is a second-degree felony. See Pennsylvania drone laws.
Statutory defenses and the hunting-dog exception
Section 3503(c) provides that "it is a defense to prosecution under this section that":
"(1) a building or occupied structure involved in an offense under subsection (a) of this section was abandoned; (2) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (3) the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain."
Section 3503(c.1) adds that the section "shall not apply to an unarmed person who enters onto posted property for the sole purpose of retrieving a hunting dog."
Squatting and removing a trespasser
Chapter 35 contains no offense written specifically for squatting and no forcible-entry crime. An occupant of someone else's building or land is measured against the general terms of section 3503. For the civil process of removing an unauthorized occupant, see Pennsylvania squatters' rights; for when force may be used to protect property, see Pennsylvania self-defense laws.
Chapters 35, 51 and 55 of the Crimes Code also contain no "unlawful assembly" offense and no statewide public-camping offense.
Pennsylvania disorderly conduct and trespass penalties at a glance
| Offense | Statute | What it prohibits | Grade | Statutory penalty |
|---|---|---|---|---|
| Disorderly conduct | 18 Pa.C.S. 5503 | Fighting or threatening, unreasonable noise, obscene language or gestures, or a hazardous condition, with intent to cause, or reckless risk of, public inconvenience, annoyance or alarm | Summary offense | Up to 90 days; up to $300 |
| Disorderly conduct, aggravated | 5503(b) | The same, with intent to cause substantial harm or serious inconvenience, or persisting after a reasonable warning or request to desist | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| Riot | 5501 | Disorderly conduct with two or more others to commit a crime, to prevent or coerce official action, or with known use or planned use of a firearm or deadly weapon | Felony, 3rd degree | Up to 7 years; up to $15,000 |
| Failure to disperse | 5502 | Refusing an officer's order to disperse a disorderly group of three or more | Misdemeanor, 2nd degree | Up to 2 years; up to $5,000 |
| Public drunkenness | 5505 | Being manifestly under the influence in public to the degree of endangering people or property, or annoying people nearby | Summary offense | Up to 90 days; fine up to $500 (first), up to $1,000 (second or later) |
| Loitering and prowling at night | 5506 | Malicious loitering or prowling at night around another's dwelling | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| Obstructing highways and passages | 5507(a) | Intentionally or recklessly obstructing a road, sidewalk, track or other public passage | Summary; 3rd-degree misdemeanor if persisting after an officer's warning | Summary: up to 90 days, $300; misdemeanor: up to 1 year, $2,500 |
| Refusal to move on | 5507(b) | Refusing a reasonable official order to move to clear a passage or disperse people near a fire or other hazard | Summary offense | Up to 90 days; up to $300 |
| Disrupting meetings | 5508 | Disturbing a lawful meeting, procession or gathering to prevent or disrupt it | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| School bus entry | 5517 | Unauthorized entry with intent to commit a crime or disrupt the driver, or refusing to get off when ordered | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| Funeral demonstrations | 7517 | Demonstrating within 500 feet of a commemorative service, one hour before to one hour after | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| Picketing to influence a court | 5102 | Picketing near a courthouse or a judge's, juror's or witness's home to influence them | Misdemeanor, 2nd degree | Up to 2 years; up to $5,000 |
| False alarm to a public safety agency | 4905 | Knowingly causing a false alarm of fire or other emergency to be sent to an emergency organization | Misdemeanor, 1st degree; felony, 3rd degree during a declared emergency if it diverts resources | Up to 5 years and $10,000; up to 7 years and $15,000 |
| False report to law enforcement | 4906 | False information to implicate another (a); reporting an incident that did not occur, or pretending to have information (b) | Misdemeanor, 2nd degree (a); 3rd degree (b); one grade higher during a declared emergency that diverts resources, or for a false firearm theft or loss report | M2: up to 2 years and $5,000; M3: up to 1 year and $2,500; one grade higher as stated |
| False report of child abuse | 4906.1 | Intentionally or knowingly making, or inducing a child to make, a false child abuse report | Misdemeanor, 2nd degree | Up to 2 years; up to $5,000 |
| Terroristic threats | 2706 | Threat to commit a crime of violence to terrorize, to cause an evacuation, or to cause serious public inconvenience | Misdemeanor, 1st degree; felony, 3rd degree if occupants are diverted from normal operations | Up to 5 years and $10,000; up to 7 years and $15,000; restitution of evacuation costs |
| Threat to use weapons of mass destruction | 2715 | Baseless report of, or threat to place, a weapon of mass destruction, including a bomb | Misdemeanor, 1st degree; felony, 3rd degree if occupants are diverted; felony, 2nd degree during a declared emergency with disruption | Up to 5 years and $10,000; up to 7 years and $15,000; up to 10 years and $25,000 |
| Facsimile weapon of mass destruction | 5516 | Using or possessing a fake bomb or agent that terrifies a person, draws an emergency response or causes serious public inconvenience | Felony, 3rd degree | Up to 7 years; up to $15,000 |
| Misusing 911 | 35 Pa.C.S. 5310(a) | Intentionally contacting 911 for non-emergency purposes | Misdemeanor, 2nd degree; 1st degree for a second offense; felony, 3rd degree for a third or later | Up to 2 years and $5,000; up to 5 years and $10,000; up to 7 years and $15,000 |
| Trespass, entering a building | 3503(a)(1)(i) | Entering, entry by subterfuge, or secretly remaining in a building or occupied structure | Felony, 3rd degree | Up to 7 years; up to $15,000 |
| Trespass, breaking in | 3503(a)(1)(ii) | Breaking into a building or occupied structure | Felony, 2nd degree | Up to 10 years; up to $25,000 |
| Defiant trespass | 3503(b) | Entering or remaining despite notice (communication, posting, fencing, school notices, purple paint) | Summary; 3rd-degree misdemeanor if defying an order to leave given in person; 1st-degree misdemeanor for a school-grounds order | Summary: up to 90 days, $300; M3: up to 1 year, $2,500; M1: up to 5 years, $10,000 |
| Simple trespass | 3503(b.1) | Trespassing to threaten an occupant, start a fire, or deface or damage the premises | Summary offense | Up to 90 days; up to $300 |
| Agricultural trespass | 3503(b.2) | Posted or fenced farm or open land; or defying an order given in person | Misdemeanor, 3rd degree; 2nd degree for defying an order | M3: up to 1 year, fine at least $250; M2: up to 2 years, $500 to $5,000 |
| Biosecurity area trespass | 3503(b.3) | Entering a posted biosecurity area; or skipping posted biosecurity measures | Misdemeanor, 3rd degree (entry); summary (measures); 1st-degree misdemeanor if an animal or plant is harmed | M3: up to 1 year, $2,500; M1: up to 5 years, $10,000 |
| Railroad property | 3504 | Damaging railroad property, delaying operations, or riding outside or inside a train without consent | Misdemeanor, 3rd degree | Up to 1 year; up to $2,500 |
| Trespass by motor vehicle | 75 Pa.C.S. 3717 | Driving on a private road or driveway without consent; damaging property by driving on private land, or driving on cultivated farmland | Summary offense | Driveway: $100 fine; damage or cultivated land: $500 (first), $1,000 plus 6-month suspension (later); restitution |
| Hunting trespass | 34 Pa.C.S. 2314 | Hunting on posted, fenced or purple-painted land; or after being ordered off | Summary, 2nd degree; misdemeanor for (a)(2) or a repeat within 7 years | Summary: $400 to $800, up to 1 month; misdemeanor: up to $3,000, up to 6 months; plus loss of hunting privileges |
Pennsylvania's general sentencing sections set the maximums used in this table: section 1103 for felonies (20 years for the first degree, 10 for the second, 7 for the third), section 1104 for misdemeanors (5, 2 and 1 years), section 1105 for summary offenses (90 days), and section 1101 for fines ($25,000 for first- and second-degree felonies, $15,000 for a third-degree felony, $10,000, $5,000 and $2,500 for first-, second- and third-degree misdemeanors, and $300 for a summary offense with no higher fine). Section 1101(9) allows "any higher or lower amount specifically authorized by statute," which is why sections 5505 and 3503(b.2) carry their own amounts. For the full class table, see Pennsylvania felony and misdemeanor classes.

Recent changes to these statutes
- Act 36 of 2025 (approved July 9, 2025, effective 60 days later) amended the Game Code's hunting trespass section, 34 Pa.C.S. 2314. It moved fenced or enclosed land into its own paragraph (a)(3), added the purple paint paragraph (a)(4), raised the base offense from a summary offense of the third degree to the second degree with up to a one-year forfeiture of hunting privileges, attached a three-year forfeiture to the (a)(2) misdemeanor, set a five-year forfeiture for a repeat within seven years, and added subsection (c.1) on restoring the privilege after a dismissal or acquittal. The same act repealed the general Sunday-hunting ban (section 2303) and section 2315, and moved the written-permission rule to section 2126(a)(8.1): failing to obtain written permission to hunt on a Sunday is a summary offense of the third degree.
- Act 60 of 2022 (effective 60 days after July 11, 2022) added the domestic-animal sentencing directive in section 3503(c.2).
- Act 103 of 2019 (November 27, 2019) added purple paint notice to section 3503(b)(1), the county exclusion in (b)(3), and the hunting-dog exception in (c.1).
- Act 192 of 2014 is void. In Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016), the Pennsylvania Supreme Court held that the act "violates the single-subject rule and must be declared void in its entirety." Act 192 would have made trespassing to steal secondary metal a first-degree misdemeanor under section 3503(b.1). The decision did not rule on section 3503 itself; the section stands, and simple trespass under (b.1) remains a summary offense.
Federal law separately governs conduct on federal property and at the U.S. Capitol; see our disorderly conduct and trespass laws by state guide.
Related Pennsylvania and state-by-state guides
- Disorderly conduct and trespass laws by state
- Pennsylvania noise ordinance laws
- Pennsylvania felony and misdemeanor classes
- Pennsylvania squatters' rights
- Pennsylvania self-defense laws
- Pennsylvania drone laws
- Pennsylvania expungement laws
- How to charge someone with trespassing
This article provides general legal information about Pennsylvania's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Pennsylvania.
Last updated: 2026-10-18.
Frequently Asked Questions
What is disorderly conduct in Pennsylvania?
Under 18 Pa.C.S. 5503, a person commits disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of it, he fights or threatens, makes unreasonable noise, uses obscene language or makes an obscene gesture, or creates a hazardous or physically offensive condition by an act that serves no legitimate purpose.
Is disorderly conduct a misdemeanor in Pennsylvania?
Usually not. It is a summary offense, punishable by up to 90 days (section 1105) and a fine of up to $300 (section 1101(7)). It is a third-degree misdemeanor, up to 1 year and $2,500, if the person intends substantial harm or serious inconvenience or persists after a reasonable warning or request to desist (section 5503(b)).
Can you get disorderly conduct for swearing in Pennsylvania?
Section 5503(a)(3) covers obscene language or gestures, and the Superior Court reads obscene there under the Miller v. California obscenity test (Commonwealth v. Bryner, 1995), which a profane insult did not meet. In Commonwealth v. Hock (1999), the Pennsylvania Supreme Court held that one profane remark to an officer was not disorderly conduct on the facts of that case, because it did not risk an immediate breach of the peace.
Is public intoxication a crime in Pennsylvania?
Yes. Section 5505 makes it a summary offense to appear in a public place manifestly under the influence of alcohol or a controlled substance to the degree that the person may endanger himself, other people or property, or annoy people nearby. It carries up to 90 days and a fine of up to $500 for a first violation and up to $1,000 for later ones.
Is a false alarm or bomb threat a crime in Pennsylvania?
Yes. Knowingly causing a false alarm of fire or other emergency to reach an emergency organization is a first-degree misdemeanor under section 4905, a third-degree felony during a declared state of emergency if it diverts resources. A baseless report of a bomb or other weapon of mass destruction is a first-degree misdemeanor under section 2715, a third-degree felony if it diverts the occupants of a building or facility, and a second-degree felony during a declared emergency with disruption.
Is trespassing a felony in Pennsylvania?
Only for buildings and occupied structures. Knowingly entering or secretly remaining in one without license or privilege is a third-degree felony, and breaking into one is a second-degree felony (section 3503(a)). Trespass on posted, fenced or painted land is a summary offense or a misdemeanor.
Does Pennsylvania have a purple paint law?
Yes. Section 3503(b)(1)(vi) treats purple paint marks on trees or posts as notice against trespass if they are vertical lines at least 8 inches long and 1 inch wide, with the bottom of the mark 3 to 5 feet above the ground, readily visible and no more than 100 feet apart. The rule does not apply in a county of the first class or second class.
Do I need a No Trespassing sign in Pennsylvania?
Section 3503(b) recognises several kinds of notice: telling the person directly, posting reasonably likely to come to an intruder's attention, a fence or enclosure manifestly designed to exclude intruders, entrance notices at schools, and qualifying purple paint marks. Section 3503 itself does not set a sign size or wording.
What happens if a store or owner tells you to leave in Pennsylvania?
Under section 3503(b)(2), defying an order to leave personally communicated by the owner or another authorized person is a third-degree misdemeanor, up to 1 year and $2,500. Section 3503(c)(2) makes it a defense that the premises were open to the public and the person complied with all lawful conditions on access or remaining.
Is squatting a crime in Pennsylvania?
Chapter 35 of the Crimes Code has no offense written specifically for squatting. Occupying another person's building or land is measured against the general criminal trespass terms of section 3503, which turn on knowing that one is not licensed or privileged to be there.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 18 (Crimes and Offenses)
§ 5503Disorderly conductIn forcecited in 2 of our articles
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or (4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. (b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense. (c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Also relied on in: Pennsylvania Noise Ordinance Laws (2026): Quiet Hours and Fines
§ 3503Criminal trespassIn forcecited in 3 of our articles
(a) Buildings and occupied structures.-- (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he: (i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or (ii) breaks into any building or occupied structure or separately secured or occupied portion thereof. (2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree. (3) As used in this subsection: "Breaks into." To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 345 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. McBride (Supreme Court of Pennsylvania 1991, 528 Pa. 153)“…S [1] Criminal trespass is defined in our Crimes Code at 18 Pa.C.S. § 3503, which provides in relevant part that "…”
- Commonwealth v. Tate (Supreme Court of Pennsylvania 1981, 495 Pa. 158)“…f the affirmative defense provided by the trespass statute, 18 Pa.C.S. § 3503(c)(2), and Article I, sections 7 and 20…”
- Western Pennsylvania Socialist Workers 1982 Campaign v. Connecticut General Life Insurance (Supreme Court of Pennsylvania 1986, 512 Pa. 23)“…refused. The protesters were arrested for defiant trespass, 18 Pa.C.S. § 3503(b). We held that LEPOCO members had a r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Dog Bite Laws: Liability and Victim Rights
§ 5501RiotIn force
A person is guilty of riot, a felony of the third degree, if he participates with two or more others in a course of disorderly conduct: (1) with intent to commit or facilitate the commission of a felony or misdemeanor; (2) with intent to prevent or coerce official action; or (3) when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 5502Failure of disorderly persons to disperse upon official orderIn force
Where three or more persons are participating in a course of disorderly conduct which causes or may reasonably be expected to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a misdemeanor of the second degree.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 5505Public drunkenness and similar misconductIn force
A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. A person convicted of violating this section may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 5507Obstructing highways and other public passagesIn force
(a) Obstructing.--A person, who, having no legal privilege to do so, intentionally or recklessly obstructs any highway, railroad track or public utility right-of-way, sidewalk, navigable waters, other public passage, whether alone or with others, commits a summary offense, or, in case he persists after warning by a law officer, a misdemeanor of the third degree. No person shall be deemed guilty of an offense under this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering. (b) Refusal to move on.-- (1) A person in a gathering commits a summary offense if he refuses to obey a reasonable official request or order to move: (i) to prevent obstruction of a highway or other public passage; or (ii) to maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard. (2) An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 5506Loitering and prowling at night timeIn force
Whoever at night time maliciously loiters or maliciously prowls around a dwelling house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another, is guilty of a misdemeanor of the third degree.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 7517Commemorative service demonstration activitiesIn force
(a) Legislative intent.--The General Assembly finds and declares that: (1) Families have a substantial interest in organizing and attending commemorative services for deceased relatives. (2) The interests of families in privately and peacefully mourning the loss of deceased relatives are violated when commemorative services are targeted for picketing and other public demonstrations. (3) Picketing of commemorative services causes emotional disturbance and distress to grieving families who participate in commemorative services. (4) Full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights at times other than within one hour prior to, during and one hour following the commemorative services. (b) Offense defined.--A person commits a misdemeanor of the third degree if the person engages in demonstration activities within 500 feet of any cemetery, mortuary, church or other location being utilized for the purposes of a commemorative service within one hour prior to, during and one hour following the commemorative service.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 3502BurglaryIn force
(a) Offense defined.--A person commits the offense of burglary if, with the intent to commit a crime therein, the person: (1) (i) enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein; (ii) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present; (2) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present; (3) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or (4) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 3504Railroad protection, railroad vandalism and interference with transportation facilitiesIn force
(a) Damage to railroad or delay of railroad operations.-- (1) A person commits an offense if, without lawful authority or the railroad carrier's consent, he causes damage to property that he knows or reasonably should have known to be railroad property, including the railroad right-of-way or yard, or causes a delay in railroad operations by an act including, but not limited to: (i) Knowingly, purposefully or recklessly disrupting, delaying or preventing the operation of any train, jitney, trolley or any other facility of transportation. (ii) Driving or operating a recreational vehicle or nonrecreational vehicle, including, but not limited to, a bicycle, motorcycle, snowmobile, all-terrain vehicle, car or truck. (iii) Knowingly, purposefully or recklessly damaging railroad property, railroad infrastructure or railroad equipment or using railroad property to access adjoining property to commit acts of vandalism, theft or other criminal acts. (2) An offense under this subsection constitutes a misdemeanor of the third degree.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Pennsylvania Consolidated Statutes Title 34 (Game)
§ 2314Trespass on private property while huntingIn force
(a) Trespass.--A person, while engaged in hunting or furtaking, commits an offense if, knowing that the person is not licensed or privileged to do so, the person: (1) enters or remains on any land of another without authorization to do so, when the land is posted in a manner prescribed by law or reasonably likely to come to the person's attention; (2) enters or remains on any land of another without authorization and defies an order not to enter or to leave that has been personally communicated to the person by the owner of the land or other authorized person; (3) enters or remains on any land of another without authorization to do so, when the land is fenced or enclosed in a manner manifestly designed to exclude trespassers; or (4) subject to subsection (b), enters or remains on any land of another without authorization to do so when notice against trespass is given by the placement of identifying purple paint marks on trees or posts on the property, in accordance with 18 Pa.C.S. § 3503(b)(1)(vi) (relating to criminal trespass).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
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Sources and References
- 18 Pa.C.S. Chapter 55, Subchapter A, riot, disorderly conduct and related offenses (5501-5517)(www.palegis.us).gov
- 18 Pa.C.S. Chapter 11, authorized disposition of offenders (1101, 1103, 1104, 1105)(www.palegis.us).gov
- Commonwealth v. Hock, 556 Pa. 409, 728 A.2d 943 (1999)(static.case.law)
- 18 Pa.C.S. Chapter 51, obstructing governmental operations (5102)(www.palegis.us).gov
- 18 Pa.C.S. Chapter 75, 7517 commemorative service demonstration activities(www.palegis.us).gov
- 18 Pa.C.S. Chapter 35, burglary and other criminal intrusion (3501-3505)(www.palegis.us).gov
- 3 Pa.C.S. Chapter 23, 2303 definitions (agricultural biosecurity area; posted notice)(www.palegis.us).gov
- 34 Pa.C.S. Chapter 23, 2314 trespass on private property while hunting(www.palegis.us).gov
- 34 Pa.C.S. Chapter 9, 925 Game Code penalties(www.palegis.us).gov
- Act of July 9, 2025, P.L. 122, No. 36(www.palegis.us).gov
- Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016)(www.pacourts.us).gov
- Commonwealth v. Bryner, 438 Pa. Super. 473, 652 A.2d 909 (1995)(static.case.law)
- 75 Pa.C.S. 3717, trespass by motor vehicle(www.palegis.us).gov
- 75 Pa.C.S. 7724, snowmobile and ATV operation on private or State property(www.palegis.us).gov
- 18 Pa.C.S. 4905, false alarms to agencies of public safety(palegis.us).gov
- 18 Pa.C.S. 4906, false reports to law enforcement authorities(palegis.us).gov
- 18 Pa.C.S. 4906.1, false reports of child abuse(palegis.us).gov
- 18 Pa.C.S. 2706, terroristic threats(palegis.us).gov
- 18 Pa.C.S. 2715, threat to use weapons of mass destruction(palegis.us).gov
- 18 Pa.C.S. 5516, facsimile weapons of mass destruction(palegis.us).gov
- 35 Pa.C.S. Chapter 53 (911 emergency communication services), section 5310 penalty(palegis.us).gov
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