Trespassing

Trespassing

To prove the crime of Trespassing, a prosecutor must prove that the (1) the defendant went on the land of another; (2) did so willingly, and (3) he had been forbidden to do so by the owner or person in charge or by a sign.

The most common defense is proof that a person was told not to be on another’s land. It is not enough that one is simply on another’s property without permission.

The punishment for Trespassing is a Class 1 misdemeanor. The maximum punishment is up to 12 months in jail and up to $2,500 in fines.