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Need help with trespassing laws

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uncbball19

Guest
Recently, I received a trespassing citation for going onto the property of an old abandoned hotel. This is in Pennsylvania. Two friends and I were found walking around the front of the hotel. When I received my citation in the mail, it was for criminal trespassing and for $381.50. I'm 17 and can't really afford to just throw that money away especially when I consider it to be WAY too much. What is the difference between criminal and normal trespassing? Is there any way that they could say we were inside the building even though we weren't and there is no proof of it? Where can I find the statues on trespassing in PA? Thank you to anyone that can help someone who is in dire need of help. This is my first offense ever and I am not sure what to do. Thanks again.
 


calatty

Senior Member
Here is the Pennsylvania criminal trespassing statute I found at http://members.aol.com/StatutesPA/18.html

§ 3503. Criminal trespass.
(a) Buildings and occupied structures.-
A person commits an offense if, knowing that he is not licensed or privileged to do so, he: enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or breaks into any building or occupied structure or separately secured or occupied portion thereof.
An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
As used in this subsection:
"Breaks into"
To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b) Defiant trespasser.-
A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: actual communication to the actor; or posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or fencing or other enclosure manifestly designed to exclude intruders.
An offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. Otherwise it is a summary offense.

(b.1) Simple trespasser.-
A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of: threatening or terrorizing the owner or occupant of the premises; starting or causing to be started any fire upon the premises; or defacing or damaging the premises.
An offense under this subsection constitutes a summary offense.

(b.2) Agricultural trespasser.-
A person commits an offense if knowing that he is not licensed or privileged to do so he: enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.
An offense under this subsection shall be graded as follows:
An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
An offense under paragaraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.
For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.

(c) Defenses.- It is a defense to prosecution under this section that: a building or occupied structure involved in an offense under subsection (a) of this section was abandoned; the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.


If there was a "No Trespassing" sign posted, you are out of luck. Otherwise, you should dispute the ticket.
 

JETX

Senior Member
Calatty: With all due respect, I disagree with your closing statement, "If there was a "No Trespassing" sign posted, you are out of luck. Otherwise, you should dispute the ticket."

I don't see anything in the statutes that you cited showing that a sign was required. In this case (criminal trespass) the only requirement to support this charge is:
"knowing that he is not licensed or privileged to do so, he: enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or breaks into any building or occupied structure or separately secured or occupied portion thereof."
 

calatty

Senior Member
Halket, according to the facts he gave, he was apprehended walking on the outside of the building, not inside it or entering it. The way I read this statute, the only way he can be guilty of trespassing outside a structure, assuming he was not terrorizing anyone, etc., is if he was given some notice that he was not to be there. Even if he had been caught inside, under sub (c) he would have a defense that the building was abandoned.
 

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