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.
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.
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