PC §301 - TRESPASSING
CLASS D MISDEMEANOR
(a) Definition
Any person who enters upon the property of another without permission or lawful authority, or remains upon the property of another after being asked to leave by the owner, lessee, or other person in lawful possession or control of the property, is guilty of trespassing.
(b) Elements of the Offense
The following elements must be met to constitute trespassing:
Entry onto the property of another without permission.
Lack of lawful authority to enter the property.
Failure to leave the property after being asked to do so by the owner, lessee, or person in lawful control of the property.
(c) Defenses
Defenses to a charge of vehicular manslaughter may include, but are not limited to:
(a) It shall be a defense to a charge of trespassing if the defendant can prove that they had a reasonable belief that they had permission to enter or remain upon the property.
(b) Self-defense or defense of another person may also serve as a defense to a charge of trespassing.
(d) Aggravated Trespassing
(a) Aggravated trespassing occurs when a person enters another's property with the intent to commit a felony, theft, or vandalism.
(b) Aggravated trespassing is a felony offense punishable by imprisonment in state prison for a period not less than one year.
REFER TO PC 301(A) IF THE TRESPASS CONTAINS AGGRESSIVE BEHAVIOR.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND SET
$4,000.00
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