Trespassers

[hemi444]

Here in my state criminal trespass is a felony. Now they are trying to change it to a summary offense.

I am only looking for some feed back on how other states grade this type of offense. Is it a felony 1,2,3 or mis 1,2,3 or just a summary offense

[Charger]

It's been a misdemeanor here in the PNW for as long as I can remember...

[Tennsix]

Criminal Trespassing is generally a class ?A? misdemeanor. It is a class ?D? felony if:
Prior Conviction For Same Location
Post Secondary School (including school bus)
Church
Research Facility
Unlawfully Entering A Residence Without Intent To Commit A Felony.

A person unlawfully riding a train (or walking on the tracks) and a passenger in a stolen vehicle may be charged with trespassing

[Mr. Security]

Connecticut: Simple Trespass is a misdemeanor.

[Mr. Security]

Here in my state criminal trespass is a felony. Now they are trying to change it to a summary offense.


GOOD. :) Unless there are other circumstances (see TENNSIX's post) it shouldn't be a felony. The long-lasting fallout for a felony conviction is too severe for such a minor offense.

[hemi444]

while we are on offenses, what if an L/E gets stuck by a needle while searching a suspect after he has cleary asked him/her if they have anything that could hurt the L/E/O. Is that a simple assault or aggravated assault.

Again this is just getting feedback as to what goes on outside of my state.

[Tennsix]

while we are on offenses, what if an L/E gets stuck by a needle while searching a suspect after he has cleary asked him/her if they have anything that could hurt the L/E/O. Is that a simple assault or aggravated assault.

Again this is just getting feedback as to what goes on outside of my state.
Felonious battery, in Indiana

[Taser]

In Washington State...

Criminal Trespass in the First Degree...when you knowingly enter or remain unlawfully in a building is a gross misdemeanor.

Criminal Trespass in the Second Degree...when you knowingly remain upon the premises of another under circumstances not constituting first degree criminal trespass...so basically if you are on someone else's property. Second Degree is a misdemeanor.

Here if you want someone to be arrested for criminal trespass they pretty much have to be issued a trespass warning in the presence of a police officer first. Then if they come back you can detain the individual and have the police arrest the suspect for criminal trespass.

That's not to say an officer has never arrested a person guilty (I use the word loosely) of trespass that I witnessed on the property, but generally a warning has to be issued first.

[bigdog]

midemeanor 1st for trespass on other than structure or conveyance.'

trespass in structure or conveyance misdemeanor 2nd unless structure or coveyance occupid then misdemeanor 1st

and trepass warning is issued then 2nd time subject is on property you call police and he is arrested. CANNOT DETAIN

[1stWatch]

Texas: Class B misdemeanor for refusal to leave land. Two days - 6 months in jail and/or a fine up to $2,000 upon conviction.
Class A misdemeanor for trespass in a habitation or superfund site or if trespassing with deadly weapon on person. Six months to one year in jail and/or a fine up to $4,000 upon conviction.

Neither offense is a felony or an offense against the peace, therefore they are not arrestable by security or a property owner. In order to be arrestable by a peace officer, it has to be witnessed by the peace officer.

[N. A. Corbier]

midemeanor 1st for trespass on other than structure or conveyance.'

trespass in structure or conveyance misdemeanor 2nd unless structure or coveyance occupid then misdemeanor 1st

and trepass warning is issued then 2nd time subject is on property you call police and he is arrested. CANNOT DETAIN

Indeed. You must, for trespass after warning, give the person the opportunity to leave if you confront them. Ie: Detainment is illegal.

But, of course, nobody said you have to confront them, you just ignore them and call the police.

[bigdog]

detaining is illegal for what? trespass after warning?

[Mr. Security]

Just post a sign while you're on duty that say: "Trespassers are shot on sight and warnings are attached to the big toe afterwards" :D :D

[CorpSec]

In Minnesota it is a misdemeanor in most cases. It can be a useful tool but the trespass notices are only good for 30 days at a shot.

[Mall Director]

In Colorado, its a misdemeanor. Now we also have the "three strikes" law out there, so trespass 3 times, and the offense is upgraded by the city prosecutor. Each offense gets a stiffer penalty.

If our local PD comes out and isues their own Trespass warning order, its for life. We have a variation to ours. Anywhere from 24 hours, 30 days, to 150 years or more. Its what we determine. Naturally we model after social laws, and dont go overboard, but we dont go light either. Its a case by case, offense by offense call.

We can also detain a person for the purpose of issuing a Trespass Warning Order. If the subject is non-compliant, we detain for LE response on a more domestic issue, being us vs. them. Then a trespass warning order is issued by us in the presence of LE. We issue without LE involvement as well for non-criminal matters. We also have the "movement" law, which protects us from wrongful imprisonment or kidnapping. Which is if the subject is non-compliant, we process them right where they stand, and then release them. Laws read here, that if we move a person against will, its an arrest or wrongful imprisonment, so by serving the legal Trespass warning order on those that dont cooperate, we are legal in holding them for the purpose of issuing a legal document, as we hvae the right to not allow access to any individual. I would say 99% of the time, even the combative subjects become compliant and cooperate as we also use a different type of force.. Persuation and verbal judo..LOL! As long as they perceive minimal threat to their well being, or that their continued non-compliance will result in actions they do not desire, they comply quickly. We make the processing fast, and they are on their way as happy as can be expected.

[locknid]

here in AZ good ol' fashion criminal trespassing is a class 3 misdemeanor. This of course can change into a felony quickly in certain situations.

13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.


Almost every private property in AZ has no trespassing signs when you enter or somewhere on the building if it is non-residential. Even when this is the case you still must give someone a warning and if they refuse to leave or come back then they can be arrested. Thing is that verbally trespassing doesn't really do anything because there is no proof, unless you are legally able to audio record. Or like with my company we have trespass warning forms. Which we read to the person which states the law, they sign it, we take their picture if possible, get as much info about the person and put it on the sheet. Even with this the responding LEO still might not like it so it is unwise to arrest someone because then you can be liable.

Third option is call LE and have them come out to trespass the person. Thing is it is often difficult to have a person willingly stay to wait for the police, and you can not make someone stay because then you are detaining which you can't do in AZ. Second, even at slow periods of the day PD can take up to an hour or more for a trespasser. So basically I just tell the person to leave, get ID if possible, and inform them that if they come back or refuse to leave they will be arrested. For the most part they don't come back. For the stubborn ones I will actually call PD. Once I have the trespass on record, which stays in the PD computer system, I will arrest them the very next time I see them. For the most they are drunk homeless people where I work who are always asking customers for money which creates the "breach of peace" which is needed for a private person to make a misdemeanor arrest.

[davis002]

In Minnesota it is a misdemeanor in most cases. It can be a useful tool but the trespass notices are only good for 30 days at a shot.

Actually, it's one year.

[Miguel]

In Spain it can be judged a felony or a misdemeanor depending of the circumstances of it and the mood of the court. :rolleyes:

Usually it´s just considered a misdemeanor, unless the bad guy has used a great deal of violence. So most of the times he walks free paying a small fine.

If the court rules it a felony, the trespasser can be senctenced up to 4 years in jail, depending on which kind of property is (higher penalties in case it´s a home) and the amount of violence used. But few trespassers go to jail.

Not much respect of private property in this country those days. :mad:

[CorpSec]

Actually, it's one year.

I work in St. Paul and we go with the Trespassers Alert Program (TAP) form. We have signs at all the entrances to our buildings notifying trespassers that St. Paul Police have been granted the authority to "issue and enforce trespassing notices on your buildings private property"

I am looking at the TAP trespass warning form as I type this and it does indeed state "30 days"

I am sure your right that it could be a year in some cases, but in St. Paul, through their program, it is a paltry 30 days.

[N. A. Corbier]

I work in St. Paul and we go with the Trespassers Alert Program (TAP) form. We have signs at all the entrances to our buildings notifying trespassers that St. Paul Police have been granted the authority to "issue and enforce trespassing notices on your buildings private property"

I am looking at the TAP trespass warning form as I type this and it does indeed state "30 days"

I am sure your right that it could be a year in some cases, but in St. Paul, through their program, it is a paltry 30 days.
Are you issuing this, or is a law enforcement officer acting as the agent of the owner issuing this? This would have bearing on what they want to enforce.

[CorpSec]

Are you issuing this, or is a law enforcement officer acting as the agent of the owner issuing this? This would have bearing on what they want to enforce.

We issue them. The police enforce them if they are broken.

[davis002]

I work in St. Paul and we go with the Trespassers Alert Program (TAP) form. We have signs at all the entrances to our buildings notifying trespassers that St. Paul Police have been granted the authority to "issue and enforce trespassing notices on your buildings private property"

I am looking at the TAP trespass warning form as I type this and it does indeed state "30 days"

I am sure your right that it could be a year in some cases, but in St. Paul, through their program, it is a paltry 30 days.

I am not familiar with the TAP. We have more accounts on the other side of the river, but even at our accounts in St. Paul we trespass for a year, as state statute allows...

609.605 TRESPASS.
Subd 2. A person is guilty of a misdemeanor if the person intentionally:
(1) permits domestic animals or fowls under the actor's control to go on the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or vegetables growing on the premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public;
(7) returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
(8) returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
(9) enters the locked or posted construction site of another without the consent of the owner or lawful possessor, unless the person is a business licensee; or
(10) enters the locked or posted aggregate mining site of another without the consent of the owner or lawful possessor, unless the person is a business licensee.

I am guessing that the TAP program is enforced by city ordinance and not state statute. Which is unfortunate, because 30 days is practically worthless when it comes to repeat offenders. Prior to 8/1/2005 it was only 30 days, so perhaps the TAP program is outdated? Does the form reference statute or ordinance? That would answer it.

[davis002]

Also, Corpsec if you want... I created an abridged version of the Minnesota State Statutes in PDF. If you want a copy, PM me your email addy and i'll send you one.

[CorpSec]

"I am guessing that the TAP program is enforced by city ordinance and not state statute. Which is unfortunate, because 30 days is practically worthless when it comes to repeat offenders. Prior to 8/1/2005 it was only 30 days, so perhaps the TAP program is outdated? Does the form reference statute or ordinance? That would answer it."

It references the PD's ability to enforce the state statute. I checked when we received our TAP stuff and you hit the nail on the head, it is outdated. I wonder why they haven't mentioned anything since some of the people we trespass based on a request from PD directly.

I will have to get them updated since a year has a lot more teeth to it. Thanks!

[davis002]

When the state statute changed, Minneapolis immediately followed suit with their ordinance. Why St Paul didn't seems strange to me, but oh well. You have no idea how happy I was when the law changed. Before that, I would almost make appointments with the repeat offenders, "See you in 30 days". Some even treated it like some sort of game. 8/1/2005 I trespassed as many people as I could to get the word out :)

[CorpSec]

We have a top shelf working relationship with St. Paul PD and the local Business Office and Manager's Association. I don't think I will run into much resistance in changing the notices to one year.

It might have been that the cops themselves just were not aware of the change. Since they don't want them in the buildings either, I can't imagine that they wouldn't be in favor of the one year trespass.

The problem that we run into is that some of the local troublemakers don't have any issue with going to jail in the winter. We had a guy ring the buzzer the other night to turn himself in on a warrant.

[davis002]

The problem that we run into is that some of the local troublemakers don't have any issue with going to jail in the winter. We had a guy ring the buzzer the other night to turn himself in on a warrant.

Yup :p I've noticed that when we get below zero temps, we get more contacts with homeless people. They get drunk and start problems knowing that if they are lucky, they go to detox for awhile. A warm bed and a hot meal isn't bad punishment when you are homeless and it's -15 degrees.

[CorpSec]

Information from a local prosecutor is that while Minnesota did go to a one year trespass, her and the judges will only enforce a 30 day trespass notice for St. Paul.

That is too bad since the one year trespass has a lot more bite to it. I suppose we could issue them for a year, have them arrested if they come back, and if it gets thrown out, so be it.

But, since the business community here uses the same forms, I am sure we'll stay at 30 days.

[ocp]

here in Columbus Ohio criminal trespass is a forth degree misd. I issue a writen "in-house" criminal trespass form the first time a subject is trespassed from one our properties. the 2nd time the subject is observed or stopped on the property, I file a criminal complaint for tresspass with the clerks of courts. at this point when the subject fails to show up for his court date and the subject is again stopped on the property, the police is called because the dumbass has a warrant. Believe it or not this happens all the time.

[pigstalker]

tresspassers keep tresspassing on my establishment.. those twats

[SJPA-Agency]

California:

Tresspassing: 602pc: Misdemeanor

Suspect must be instructed to leave, if said suspect fails to obey, suspect is now arrestable. (in most cases, other may not require warning)