Criminal Charges against Trespassing

What is trespassing? It is the illegal entering of private premises without the legal consent of the owner. However, there is such a thing as 'allowed trespassing'. Find out what constitutes this permissible offense.

When a person owns land, he or she has the sole right to allow or disallow other persons from entering or accessing the space. The permission can be given orally or in  written form. Oral permissions are more common and usually occur between neighbors or passersby while written statements are required during longer stays with relatively larger intentions. The owner may have his land used under special agreements made by the parties involved. As long as these terms are met, trespassing will not be charged.

There are also features that create a balance in the existences of criminal and civil trespass laws. Property owners and other people under their command or jurisdiction can only use force on a limited basis to prevent trespassing. For example, owners are not allowed to set traps or use extreme force in ridding their area of trespassers. Only in very dire circumstances or when infliction of bodily harm is present can owners legally express this right.

When Are You NOT A Trespasser?

Some individuals on private property are not necessarily trespassers. The law states that individuals who possess a license for access like a search warrant or those legally invited into the premises are not trespassers. Take note that salesmen and other solicitors are not invited to enter the premises and therefore can be considered as trespassers.

During extreme situations, trespassing may be allowed. This type is called “Benevolent Trespassing”, wherein individuals can gain access temporarily in an area to provide help, answer to emergency or protect themselves. This should be done only during dire moments and the trespasser should make sure that the owner is noticed immediately after. A trespasser without full knowledge about the restrictions of the premises has the right to vacate immediately to alleviate the offense. The owner has no right to hold a trespasser until authorities arrive.

Sanctions for Trespassers

Penalties for trespassing can be in fines or imprisonment. An offender can be fined from $500 to $10,000 but if he incurs property damage because of the act, compensatory fines shall be charged. Offenders can be imprisoned from one day to six months depending on gravity of the offense. If the trespassing was done in conjunction with premeditation of a criminal act, stalking or intimidation, the person can be banned from the area permanently or imprisoned longer.

Property owners can help stop others from trespassing by putting up signs or boundaries. The owners can also allow certain types of individuals to pass by putting signs like “No salesmen” which may mean that he or she allows individuals of different professions except the ones indicated. In other areas, marking trees or grass is allowed in setting up boundaries.

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