Trespass occurs when someone enters or remains on another person’s property without permission. Property includes both land and buildings. Often, trespass is a civil issue, but it can also be a criminal offense.
The law of criminal trespass is outlined in the revised statutes of Missouri. Here are three potential examples of criminal trespass.
Entering private property without permission
It is common to see “No trespassing” signs, particularly on business properties. These signs should not be ignored. It is illegal to enter someone else’s private property without authorization, especially if efforts have been made to secure the property. This includes gated yards, fenced gardens, buildings and any other form of secure private property.
You cannot remain when asked to leave
It is possible to trespass on property that is open to the public. This occurs when you have been asked to leave, but do not leave. For example, if you are asked to leave a bar, but refuse, then you could be charged with second-degree trespass. It is important to leave at the owner’s request, even if you do not agree with that request.
Trespassing on agricultural land
The line between public property and private property isn’t always clear. You may stumble on farmlands one day when out on a rural walk. The trouble is, you may be trespassing. It is illegal to enter farmland without permission, particularly when doing so risks damaging crops and scaring livestock.
While trespass is often a civil matter, you could find yourself facing criminal charges if you have entered private property without permission. It’s important to take these charges seriously and build a strong defense. Seeking legal guidance is the first part of this process.