[6] 6 - Trespassing

A person who knowingly enters or remains unlawfully on private or government property.

• Implied Public Area: An implicitly public area is an area that is private property but functions as a public area (ex. shopping area of a store, fueling-up area of a gas station, lobby of a police station). To trespass someone from an implicitly-public-area within private property, the individual must first be ordered to leave by an authority within the property (ex. Manager, Property Owner); upon return or refusal to leave, the person may be arrested.

• Restricted Area: Restricted areas are implicitly or explicitly defined. They include areas which have posted keep-out or no-trespassing signage as well as secured areas which are fenced, walled off, or behind doorways. Unauthorized persons may be arrested on the spot.

• Residences: Homes and apartment buildings are personal spaces which may only be accessed by residents, property owners, and invited guests. Any presence on private residences and land without authorization may be cause for arrest.

Misdemeanor

Sentence: 10 Month(s) Fine: $1000

Note:

Here are some examples of behavior that can lead to criminal trespass charges:

1) Because of a grudge against a restaurant’s owner, entering the restaurant and creating a disturbance that drives other patrons away from the restaurant; 2) Entering another person’s garage without their consent, setting up a sleeping bag, and sleeping there for several nights without being noticed until a certain point in time; and 3) Threatening to beat up an ex-girlfriend and then, a few weeks later, going to her office, apparently intending to behave violently toward her.

Defense:

1) You had the right to be on the property; 2) You had consent to be on the property; 3) The property was not fenced or signed (for trespass as an infraction).