What Is Criminal Trespassing?
The act of criminal trespassing is often known by other names such as negligent trespassing, unlawful access or sometimes "breaking and entering." It is when you enter property not owned by you without the knowledge of the owner. Criminal trespassing can be as simple as walking into a house unannounced, or walking behind a building; it can also involve robbery, vandalism or other crimes. Criminal trespassing is usually used as an underlying charge to other charges.
Other People Are Reading
-
Definition
-
Criminal trespassing is a legal rule that prohibits entry by unwanted or unknown persons to a property. When a person enters or stays within a property known to be restricted to outsiders, she is considered to be in violation of this law.
Remaining Unlawfully
-
The definition within the law of "remaining unlawfully" is when a person stays within the property when he is not allowed. This definition is in effect regardless of the original reason for entry.
-
Burglary
-
Generally this term is defined as a person who commits criminal trespass with the intent of committing a criminal act. This can include theft, vandalism or unlawful use of anything on the property.
Effective Use
-
For criminal trespassing to be in effect, there must be a viable method to block entry into a property. This can include locks, conspicuous signs, fencing or verbal communication to the person before the act.
Defense
-
The best defense against criminal trespassing is to prove that there was no visual barrier to entry of the property. Other defenses include being allowed entry by someone other than the owner or the property was open to the public in general during unlisted hours.
-
References
More Like This
Comments
-
Anonymous
Sep 29, 2011
Can an apartment complex have someone charged with C.T. just for disagreeing with them as if a private security guard can stop vehicles on the property and ask to see an ID. There is one road in and out of the complex and no fence around the property. -
newlawer7
Jan 28, 2010
my friend is 17, she had this girl come to her house today and she was getting in her face my friend asked her to leave and she didnt so my friend hit her and they started fighting. there was no damage to either one of them. is there any way she can get out of whatever they might give her? isnt there a trespassing law on this?
