3 ms·

You generally can’t be charged with trespass unless you refuse to leave when told to do so. An open door to a home is different, but unfenced property is 100%

You generally can’t be charged with trespass unless you refuse to leave when told to do so. An open door to a home is different, but unfenced property is 100% not trespass until you refuse to leave.

txcwpalpha 7y ago
That's not true at all. If you are aware that the property you are accessing is not meant for your use, you can be charged with trespassing regardless of if you have specifically been asked to leave or not. It's even possible to be guilty of trespass even if you weren't aware that you weren't allowed on the land. This is negligent trespassing.
- admax88q 7y ago
  Negligence only applies I'm situations where a reasonable person should have known. You're only able to be charged with trespassing whilst being unaware if you were to so ridiculously unaware of your surroundings that any reasonable person in the same situation _would_ have known that they were trespassing. If a public park blends into somebodies private lawn you can't be charged with tresspassing for stepping over the line.
jcranmer 7y ago
Trespass in criminal law usually requires notice that trespassing is prohibited, but this is usually satisfied by posting a "no trespassing" sign in a prominent area. For example, my state's law (emphasis added): > Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, ... The federal version of trespass (which I think applies to Indian reservations) considers merely fencing off the area to be sufficient notice that trespassing is prohibited.

3 ms·

You generally can’t be charged with trespass unless you refuse to leave when told to do so. An open door to a home is different, but unfenced property is 100%

by LyndsySimon 7y ago

txcwpalpha 7y ago
That's not true at all. If you are aware that the property you are accessing is not meant for your use, you can be charged with trespassing regardless of if you have specifically been asked to leave or not. It's even possible to be guilty of trespass even if you weren't aware that you weren't allowed on the land. This is negligent trespassing.
- admax88q 7y ago
  Negligence only applies I'm situations where a reasonable person should have known. You're only able to be charged with trespassing whilst being unaware if you were to so ridiculously unaware of your surroundings that any reasonable person in the same situation _would_ have known that they were trespassing. If a public park blends into somebodies private lawn you can't be charged with tresspassing for stepping over the line.
jcranmer 7y ago
Trespass in criminal law usually requires notice that trespassing is prohibited, but this is usually satisfied by posting a "no trespassing" sign in a prominent area. For example, my state's law (emphasis added): > Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, ... The federal version of trespass (which I think applies to Indian reservations) considers merely fencing off the area to be sufficient notice that trespassing is prohibited.