How to Find Information on Prosecution for Trespassing

When someone enters your private property without permission, they are trespassing, and the crime can leave you feeling violated, uneasy and threatened. Since every state has its own version of trespassing statutes, you will have to seek out the rules in your own jurisdiction. Follow these steps to learn how.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Contact information for local law enforcement
• Computer with Internet access
• Telephone

Rely on Local Law Enforcement

1. Seek out the proper law enforcement officers. Police, sheriffs and other law enforcement agencies can all generally arrest trespassers within their respective jurisdictions. For example, if you are having problems with hunters, report as much information as you can about the offender to your local department of fishing and gaming.
2. Research local trespassing statutes. If someone trespasses on your property, you have a civil claim against that person unless you live in a state that favors the trespasser. For instance, some states mandate that a person is not trespassing until given adequate warning, while others consider it trespassing any time a person is on your land without permission.
3. Be proactive. Get together with neighbors, whether you are concerned about residential or commercial properties, and create a phone tree. If one person sees a potential problem, be it a hunter or vagrant, others in the area can be alerted.

Use Online Resources

4. Visit your county's Web site. If you are in a rural area, there will often be links to information on how to prosecute for wildlife, conservation and trespassing violations.
5. Learn more by reading the articles about trespassing available on the Nolo Web site (see Resources below). You'll find publications on real estate and landowner law.

Tips & Warnings

• Attend city council meetings, or, if you live in the country, grange hall events. Knowing your neighbors and being very aware of when hunting season starts can arm you with the information you need to keep potential trespassers away.
• Don't be daunted by the idea of the prosecution process. The prosecution process exists to serve you and to help you protect your property and your family.
• Being the victim of trespassing can leave you feeling helpless and frustrated. Put up signs, consider fencing your property and be willing to prosecute trespassers who warrant such action.
• According to the laws of your state, you may not have a right to place trespassers under "citizen's arrest" or to detain them forcibly. Doing so may jeopardize the viability of a future prosecution and may even make you vulnerable to civil lawsuits.