What Constitutes Trespassing?

A common "No Trespassing" sign.

Signs warning against trespassing are common in the United States, due to the country's far-reaching private property laws. Although trespassing laws vary from state to state and can result in civil or criminal charges, the definition of "trespass" remains fairly consistent from place to place.

Identification

Trespassing can be generally defined as entering onto someone's property unlawfully or without permission. Whether or not a "No Trespassing" sign is posted is usually of little importance, but in most states the trespasser must be aware that he is on private property. The nature of the trespasser's intent dictates whether he can be charged with trespassing under civil or criminal law.

Types: Civil

Civil lawsuits for trespassing most commonly result when someone does damage, intentionally or unintentionally, while trespassing on the subject property. For example, if you walk onto Bill's farm and accidentally bump into a water barrel, which rolls into a barn and knocks over a wall, you could be sued for trespassing under the local civil law code and asked to pay damages.

Types: Criminal

Criminal trespassing is in most areas defined as entering and/or remaining on someone's property after having been told explicitly that you are unwelcome. Entering a building or other location that is locked or set up in such a way as to prevent casual entry could also result in criminal prosecution. For example, if you broke the lock on Bill's barn and threw away his No Trespassing sign and refused to leave even though he was yelling at you to do so, you could be charged criminally with trespassing.

References

• AskTheJudge.info: What is Trespassing?
• Criminal Defense Lawyer: Trespassing