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Trespassing Charges

Trespassing is usually associated with real estate or land. As such, it means unlawfully entering onto land without the consent of the landowner. It can be considered criminal trespass when it is charged and prosecuted by local law enforcement officials or park rangers. Civil trespass occurs when a landowner pursues a civil action in court to collect damages for which the trespasser is deemed responsible. Some level of intent is required in order to consider trespassing offenses a crime. Not all uninvited entry onto private property is trespassing. There is implied consent for meter readers, rescue efforts, good Samaritan attempts to call for assistance, and door-to-doors sales representatives or missionaries.

Fast Facts

  • Property owners can protect their property with signs or fences, but homeowners are not generally allowed to set “booby traps” to injure trespassers. Nor are they allowed to detain trespassers for law enforcement officials.
  • Assault and battery is often considered and prosecuted as trespasses to the person.
  • Trespass can also be charged for unlawful interference with the property of another.

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