Trespassing/Breaking and Entering?

[LeopluriDean]

What is the name of your state? Delaware

My property is surrounded by bamboo, an electric fence and no trespassing signs on all sides of my property. The only entrance to my property is through my front gate which remains locked and is also hooked up to the electric fence.

If someone still goes through the trouble of coming onto my property is it still only considered trespassing or would it be considered breaking and entering since they came through a locked and electrocuted gate?

If someone does come onto my property through the gate, what options do I have?
Is it still considered trespassing or is it breaking and entering?

Also if I have a dog and it attacks a trespasser/intruder, am I liable?

In my mind it just seems that If I'm surrounded by bamboo, electric fence, no trespassing signs and a gate, then it's pretty damn obvious I don't want people on my property.

 

[CdwJava]

If someone still goes through the trouble of coming onto my property is it still only considered trespassing or would it be considered breaking and entering since they came through a locked and electrocuted gate?

The state can add vandalism to the charges if the trespassers damaged anything. But "breaking and entering" usually requires the entry into a structure (or a vehicle or vessel). Your state may have some measure of aggravated trespassing, but I doubt it's going to be as serious an offense as burglary (i.e. breaking and entering).

If someone does come onto my property through the gate, what options do I have?

Call the police.

Is it still considered trespassing or is it breaking and entering?

See above ...

Also if I have a dog and it attacks a trespasser/intruder, am I liable?

Yes. A judge or jury might not hold you such, but you CAN potentially be held liable.

In my mind it just seems that If I'm surrounded by bamboo, electric fence, no trespassing signs and a gate, then it's pretty damn obvious I don't want people on my property.

Why do you choose to live in such seclusion? That seems rather sad to me.

In any event, all those precautions don't really change the criminal charges unless DE has carved out a special place in the law for people who want to wall themselves off from the world.

- Carl