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UER Forum > UE Encyclopedia > Trespass (Viewed 3506 times)
Entry: Trespass
originally posted by Nightskye


Trespass

All US states have specific laws in their criminal codes that classify trespass as a crime.

How this crime is defined varies among states. Some states have very similar trespass laws, but it is not uncommon for two states that share a border to have very different laws. Another point to keep in mind is that while many states have some commonality in the main principles of their trespass laws, the devil can be in the details, which can be quite different from one another. So can the potential penalties for getting caught.

What uniformity there is among state trespass laws is that most, if not all, classify trespass as a person entering or remaining someplace they know they’re not supposed to be. Trespass laws attempt to define this in language such as, “knowingly enters or remains unlawfully”, “knowingly and without authority”, or “not licensed or privileged to do so”.

It is not unusual for a state to address specific locations of trespass, such as:

Residential property – usually a dwelling. May or may not consider occupancy.
Property in use – active sites, commercial, industrial.
Critical infrastructure – active power plants, water treatment facilities, telecommunication sites, airports, etc.
Government facilities/public property – closed off government-owned property, properties where government employees work.
Railroad – rail property is privately owned.
Schools – active properties where kids are housed and/or educated.
Agricultural lands – cultivated fields, orchards.

State trespass law usually has degrees of severity, such as “Criminal trespass in the first degree”, “Criminal trespass in the second degree”, etc, depending on the circumstances of the trespass. Trespass is usually a misdemeanor charge, but can be a felony in some cases. Common situations where the degree of a trespass increases are trespass in a residential dwelling, entering posted property, bypassing barriers designed to bar entry such as fences, and carrying weapons.

Trespass by itself can be considered comparatively mild as far as property crimes are concerned. Combine trespass with another action that is considered criminal, and you enter territory where the degree of severity of the crime can escalate rapidly. The following actions can turn a trespass charge into:

Burglary – distinction between this charge and trespass can be troublesome. If trespass can be defined as “knowingly enters or remains unlawfully”, then burglary can be defined as “knowingly enters or remains unlawfully with the intent to commit a crime”. Intent can often be hard to prove, but just be aware that there is often a very blurry line between trespass and burglary.

Breaking and Entering – closely related to burglary, but just a few states actually have this charge on the books.

Criminal mischief – causing damage
Criminal tampering – altering how things work
Theft – taking things
Vandalism – tagging
Arson – setting fires

*Important note – federal law and/or local ordinance may be in effect also, in addition to state law. Federal law in particular (Patriot Act) will apply to active critical infrastructure.

The best defense for you, the explorer, is to educate yourself. Discussions of ethics and intent aside, the cold, hard fact is that trespass is recognized as a crime in all US states, and laws exist to guide law enforcement in this area. Knowledge is power, and the wise explorer would do well to add legal knowledge of the areas they explore in to their mental arsenal.

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UER Forum > UE Encyclopedia > Trespass (Viewed 3506 times)


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