Trespassing laws

[HotelSecurity]

From what I read in the posts many places in North America have trespassing laws. You can arrest if someone trespasses on the property you have been hired to protect.

Canada has a 'Trespassing on or near a dwelling place at night' law but no all purpose trespassing law. This type of law is a provincial jurisdiction. My rpovince of Quebec does not have a Trespass to property Act. The province next to us, Ontario, does.

What about the members to this form. Does you Province or State have a trespass to property law?

[LPGuy]

From what I read in the posts many places in North America have trespassing laws. You can arrest if someone trespasses on the property you have been hired to protect.

Canada has a 'Trespassing on or near a dwelling place at night' law but no all purpose trespassing law. This type of law is a provincial jurisdiction. My rpovince of Quebec does not have a Trespass to property Act. The province next to us, Ontario, does.

What about the members to this form. Does you Province or State have a trespass to property law?

Washington State Revised Code of Washington (RCW):

9A.52.070 Criminal Trespass in the First Degree

(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor.

When I worked retail, we'd always issue a trespass after an apprehension. The nice thing about a trespass is if the subject returned and committed a theft, they were now guilty of burglarly--a felony.

[HospitalSO]

Here is a section in the Criminal Code of Canada. It is called Assault By Trespass. Basically we have the authority to tell somebody to leave if they have no lawful purpose on our property. If they refuse, we can use as much reasonalble force as necessary to remove that person. If the person resists in any way, it is considered an assault.

Criminal Code
PART I
Defence of Property

Defence of personal property


38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or

(b) in taking it from a trespasser who has taken it,

if he does not strike or cause bodily harm to the trespasser.

Assault by trespasser


(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 38.

[HotelSecurity]

Here is a section in the Criminal Code of Canada. It is called Assault By Trespass. Basically we have the authority to tell somebody to leave if they have no lawful purpose on our property. If they refuse, we can use as much reasonalble force as necessary to remove that person. If the person resists in any way, it is considered an assault.

Criminal Code
PART I
Defence of Property

Defence of personal property


38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or

(b) in taking it from a trespasser who has taken it,

if he does not strike or cause bodily harm to the trespasser.

Assault by trespasser


(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 38.

Yea but that is not like the act in Ontario & like the one posted above. With these laws you can arrest someone who as been warned, as soon as they come back onto your property. With the Canadian Criminal Code article you can (and I have) played cat & mouse with the guy all day long. If he leaves when you ask him & comes back 10 times, as long as he leaves every time you ask, you can not arrest. And be careful, you can not arrest for Assault by A Trespasser if the resistance is passive. He must physically resist you. I'd much rather have a law where if the person simply returns after being "trespassed" can be arrested.

[N. A. Corbier]

Florida uses several statutes, depending on what you're doing and where you are...

810.08 Trespass in structure or conveyance.--

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

810.09 Trespass on property other than structure or conveyance.--

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,

commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(h) Any person who in taking or attempting to take any animal described in s. 372.001(10) or (11), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term "potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.

(i) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(3) As used in this section, the term "authorized person" or "person authorized" means any owner, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner, or his or her agent, to communicate an order to leave the property in the case of a threat to public safety or welfare.

Chapter 493 prohibits using force to enact a detention under 810, though, if you are a "licensed security officer," or "private investigator."

[N. A. Corbier]

Yea but that is not like the act in Ontario & like the one posted above. With these laws you can arrest someone who as been warned, as soon as they come back onto your property. With the Canadian Criminal Code article you can (and I have) played cat & mouse with the guy all day long. If he leaves when you ask him & comes back 10 times, as long as he leaves every time you ask, you can not arrest. And be careful, you can not arrest for Assault by A Trespasser if the resistance is passive. He must physically resist you. I'd much rather have a law where if the person simply returns after being "trespassed" can be arrested.

Florida doesn't have this statute. We tell someone to leave, and the police show up, all they have to do is leave. Only the police officer may arrest after they tell them to leave.

[N. A. Corbier]

Wisconsin Statute

943.13
943.13 Trespass to land.

943.13(1e)
(1e) In this section:

943.13(1e)(a)
(a) "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.

943.13(1e)(az)
(az) "Implied consent" means conduct or words or both that imply that an owner or occupant of land has given consent to another person to enter the land.

943.13(1e)(b)
(b) "Inholding" means a parcel of land that is private property and that is surrounded completely by land owned by the United States, by this state or by a local governmental unit or any combination of the United States, this state and a local governmental unit.

943.13(1e)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.

943.13(1e)(d)
(d) "Place of employment" has the meaning given in s. 101.01 (11).

943.13(1e)(e)
(e) "Private property" means real property that is not owned by the United States, this state or a local governmental unit.

943.13(1e)(f)
(f) "Open land" means land that meets all of the following criteria:

943.13(1e)(f)1.
1. The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.

943.13(1e)(f)2.
2. The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.

943.13(1e)(f)3.
3. The land is not occupied by a public building.

943.13(1e)(f)4.
4. The land is not occupied by a place of employment.

943.13(1m)
(1m) Whoever does any of the following is subject to a Class B forfeiture:

943.13(1m)(a)
(a) Enters any enclosed, cultivated or undeveloped land of another, other than open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.

943.13(1m)(am)
(am) Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.

943.13(1m)(b)
(b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.

943.13(1m)(e)
(e) Enters or remains on open land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

943.13(1m)(f)
(f) Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.

943.13(1s)
(1s) In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:

943.13(1s)(a)
(a) Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.

943.13(1s)(b)
(b) The customary use, if any, of the land by other persons.

943.13(1s)(c)
(c) Whether the owner or occupant represented to the public that the land may be entered for particular purposes.

943.13(1s)(d)
(d) The general arrangement or design of any improvements or structures on the land.

943.13(2)
(2) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:

943.13(2)(a)
(a) If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph.

943.13(2)(b)
(b) If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.

943.13(3)
(3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

943.13(3m)
(3m) An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions and it is a violation of sub. (1m) (a) or (am) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.

943.13(4)
(4) Nothing in this section shall prohibit a representative of a labor union from conferring with any employee provided such conference is conducted in the living quarters of the employee and with the consent of the employee occupants.

943.13(4m)
(4m) This section does not apply to any of the following:

943.13(4m)(a)
(a) A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under s. 29.885 (2), (3) or (4).

943.13(4m)(b)
(b) A hunter entering land that is required to be open for hunting under s. 29.885 (4m) or 29.889 (7m).

943.13(4m)(c)
(c) A person entering or remaining on any exposed shore area of a stream as authorized under s. 30.134.

943.13(5)
(5) Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with the occupant in the housing area the occupant occupies.

[LPGuy]

I'd much rather have a law where if the person simply returns after being "trespassed" can be arrested.

That's how the trespass laws work in Washington State. No warning required. If I see them on the property again, I apprehend and hold for the police.

[BadBoynMD]

That's how the trespass laws work in Washington State. No warning required. If I see them on the property again, I apprehend and hold for the police.

Hey everyone, new to the boards here.

However, in the great State of Maryland, it's actually noted on trespass notices that if you are caught or EVEN seen on the property. You WILL be arrested for trespass. Even if you don't catch them to detain them, you can always go get that lovely warrant sworn out for the knucklehead.

[HospitalSO]

Yea but that is not like the act in Ontario & like the one posted above. With these laws you can arrest someone who as been warned, as soon as they come back onto your property. With the Canadian Criminal Code article you can (and I have) played cat & mouse with the guy all day long. If he leaves when you ask him & comes back 10 times, as long as he leaves every time you ask, you can not arrest. And be careful, you can not arrest for Assault by A Trespasser if the resistance is passive. He must physically resist you. I'd much rather have a law where if the person simply returns after being "trespassed" can be arrested.

I wish our province also had a trespass law too. I hear you about the cat-and mouse games, played many of them myself. Nothing is more frustrating than escorting the same person out 2,3,4 times a day. I hate it when our only option is for the unwanted person to physically resist while escorting him out before we can do anything legally. Until then, just keep on walking out the regulars...........

[HotelSecurity]

I wish our province also had a trespass law too. I hear you about the cat-and mouse games, played many of them myself. Nothing is more frustrating than escorting the same person out 2,3,4 times a day. I hate it when our only option is for the unwanted person to physically resist while escorting him out before we can do anything legally. Until then, just keep on walking out the regulars...........

It must be because i'm getting old, but whenever I'm escorting out a bum lately I keep forgetting that doors in public buildings open outwards & I sometimes try to open them inwards for the bum as he is about to walk out. Of course I apologize when his face smashes into the glass. Sometimes I even forget 2 times in the same day with the same bum. But after their face has smashed into the glass a few times they usually get the message & go elsewhere. "It was an accident your honour".

[ValleyOne]

OK, I thought Charger would jump in on this one, but here goes.

164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest’s reservation without the approval of the hotelkeeper. “Guest” means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 §2]



164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

(a) Enters or remains unlawfully in a dwelling;

(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

(3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]


164.265 Criminal trespass while in possession of firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

(2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 1993 c.680 §24]


164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

(b) Causes or attempts to cause physical injury to any person; or

(c) Uses or threatens to use a dangerous weapon.

(2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]

Here are some definitions as the State of Oregon sees them;

164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

(3) “Enter or remain unlawfully” means:

(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so;

(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

(6) “Premises” includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1]

[HospitalSO]

It must be because i'm getting old, but whenever I'm escorting out a bum lately I keep forgetting that doors in public buildings open outwards & I sometimes try to open them inwards for the bum as he is about to walk out. Of course I apologize when his face smashes into the glass. Sometimes I even forget 2 times in the same day with the same bum. But after their face has smashed into the glass a few times they usually get the message & go elsewhere. "It was an accident your honour".

We have some doors that open by themselves, sometimes slower than usual. Hate it when that happens!

[Chadly]

When we "ban" someone from our property, they get served with "A Notice to Depart and Forbid Entry" which serves as there notice of trespass. Our bans are anywhere from 6 months to 5 years.

We do have people that return, in which we contact the police and they get arrested for trespassing and get a muni citation. Unfortunately, Ive heard that if they go to muni court and contest it, the judge throws it out. I dont know the exact reasoning, but thats what Ive heard.

As far as criminal charges of Trespass, I have yet to see anyone get charged criminally for trespass even after they've been banned for sizable retail thefts.

[jeff194307]

The college where I work issues letters to the person who is banned from the property. A copy is mailed to the local police department. There is no time limit, the letter simply states that they have been banned from the campus because of their previous activity. The last sentance states that if they return, they will be arrested and charged with criminal trespass. Some have teated this and have been arrested, charged and convicted.