Serious criminal trespass occurs if a person enters or remains in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence involving theft, or against a person (such as assault), or against property punishable by imprisonment for 3 years or more (such as arson) [Criminal Law Consolidation Act 1935 (SA) s 168].

Maximum penalties:

Serious criminal trespass – non-residential buildings

Basic offence: 10 years imprisonment

Aggravated offence: 20 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 169]

Serious criminal trespass – places of residence

Basic offence: 15 years imprisonment

Aggravated offence: imprisonment for life

[Criminal Law Consolidation Act 1935 (SA) s 170]

Aggravating factors of serious criminal trespass in a place of residence

An offence is aggravated if committed in any of the circumstances that generally give rise to aggravation [s 5AA]; or if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place [s 170(2)].

Criminal trespass – place of residence

There is a lesser offence of criminal trespass – place of residence (if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place).

Maximum penalty:

Basic offence: 3 years imprisonment

Aggravated offence: 5 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 170A]