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  • Trespassers

    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

  • #2
    It's been a misdemeanor here in the PNW for as long as I can remember...
    Corbier's Commandos - "Stickin it to the ninjas!"
    Originally posted by ValleyOne
    BANG, next thing you know Bob's your Uncle and this Sgt is seemingly out on his a$$.
    Shoulda called in sick.
    Be safe!

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    • #3
      Indiana Criminal Code 35-43-2-2

      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
      I believe I speak for everyone here sir, when I say, to Hell with our orders.
      -Lieutenant Commander Data
      sigpic

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      • #4
        Connecticut: Simple Trespass is a misdemeanor.
        Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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        • #5
          Originally posted by hemi444
          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.
          Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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          • #6
            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.

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            • #7
              Originally posted by 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.
              Felonious battery, in Indiana
              I believe I speak for everyone here sir, when I say, to Hell with our orders.
              -Lieutenant Commander Data
              sigpic

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              • #8
                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.
                10-8

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                • #9
                  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
                  "Get yourself a shovel cause your in deep Sh*t"

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                  • #10
                    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.
                    "We appreciate all the hard work you've done, the dedicated hours you have worked, and the lives you have saved. However, since this is your third time being late to work, we are terminating your employment here."

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                    • #11
                      Originally posted by 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
                      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.
                      Some Kind of Commando Leader

                      "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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                      • #12
                        detaining is illegal for what? trespass after warning?
                        "Get yourself a shovel cause your in deep Sh*t"

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                        • #13
                          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"
                          Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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                          • #14
                            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.

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                            • #15
                              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.
                              Deputy Sheriff

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