Property Owners Rights on Trespassing in Indiana

Indiana gives property owners the ability to deny entry to a person or order a person off her property for any reason. A violation of a property owners rights can be the basis for a criminal trespass charge.

Order to Leave

Indiana Code 35-43-2-2(1) covers denial of entry as the basis of a criminal trespassing charge. A property owner may deny entry to his property to anyone that has no contractual interest in the property. If the person enters the property after being denied entry they are guilty of criminal trespass as a Class A misdemeanor.

Refusal to Leave

Indiana Code 35-43-2-2(2) addresses refusal to leave criminal trespass. A property owner may order a person to leave her property at any time if they have no contractual interest in the property. If the person refuses to leave he is guilty of Class A criminal trespass.

Dwelling Entry

Indiana Code 35-43-2-2(5) makes entering the dwelling of a property owner a Class A misdemeanor for criminal trespass if the defendant enters without the permission of the owner.

Enhancement

Criminal trespass can be enhanced to a Class D felony if the defendant has a prior unrelated conviction for trespassing on the same property.

References

• Indiana Code 35-43-2-2: Criminal Trespass