Criminal Trespass Law and Legal Definition
Criminal trespass refers to an unlawfully entry by a person into a private property of another person without permission. Any person so entering the property without permission is held to have committed the offence of criminal trespass. Criminal trespass can occur when:
1. a person enters someone else’s property without permission; and
2. a person remains in the property.
Following is an example of a state statute (Utah) defining criminal trespass:
Pursuant to Utah Code Ann. § 76-6-206 criminal trespass means
“(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:
(a) the person enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing the person's entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the person enters a condominium unit in violation of Subsection 57-8-7(7).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property”.
Legal Definition list
Related Legal Terms
- Academy of Criminal Justice Sciences [ACJS]
- Administration of Criminal Justice
- American Board of Criminalistics
- Armed Career Criminal
- Armed Career Criminal Act (ACCA)
- Burglary and Criminal Trespass
- Center on Juvenile and Criminal Justice
- Central Criminal Court Act
- Central Repository [Criminal Law]
- Collateral Consequences of Criminal Charges
