Criminal Trespass 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in or upon premises. (2) Criminal trespass in the second degree is a Class C misdemeanor. 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person: (a) Enters or remains unlawfully in a dwelling; or (b) Having been denied future entry to a building pursuant to a merchant's notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein. (2) Criminal trespass in the first degree is a Class A misdemeanor.