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What is the legal definition of the term "defiant tresspass"?

What is the legal definition of the term "defiant tresspass"?

Full question:

What is the legal definition of the term "defiant tresspass"?

Category: Courts
Subcategory: Legal Definitions
Date: 04/07/2025
State: Pennsylvania

Answer:

Under Pennsylvania law 18 Pa.C.S.A.§3503 (b), a person commits the crime of defiant trespass if he or she comes onto or stays on your property after being told to stay away. You can tell a person to stay away from property that you either own or rent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered trespassing in NY?

In New York, trespassing occurs when a person enters or remains on someone else's property without permission. This includes private land, buildings, or any area where the owner has indicated that entry is not allowed. Trespassing can be charged as a misdemeanor or felony, depending on the circumstances, such as if the trespasser causes damage or is armed. Always check local laws for specific definitions and penalties.

What is the definition of defiant trespass?

Defiant trespass refers to entering or remaining on someone else's property after being explicitly told not to. This term is often associated with a disregard for the property owner’s wishes. It is a legal concept that can lead to criminal charges, especially if the trespasser has been warned previously. The specifics can vary by state, so it’s important to consult state laws for detailed definitions.

What happens if you unknowingly trespass?

If you unknowingly trespass, you may not face criminal charges, especially if you can prove you had no intent to violate the law. However, property owners can still ask you to leave, and if you fail to comply, you could be charged with defiant trespass. It's advisable to leave the property immediately if asked to avoid potential legal issues.

Can you trespass without knowing?

Yes, it is possible to trespass without knowing, particularly if you enter a property that appears to be public or if there are no clear signs indicating private ownership. However, ignorance of the property boundaries does not typically excuse the violation. Once informed, you must leave to avoid being charged with defiant trespass.

What is the penalty for defiant trespass in PA?

In Pennsylvania, defiant trespass is generally classified as a summary offense, which can result in fines. If the trespasser has been previously warned or if the trespass involves certain aggravating factors, it may escalate to a misdemeanor. Penalties can vary, so it's important to consult the specific statutes for the most accurate information (18 Pa.C.S.A. § 3503).

Can you be trespassed without being told?

Yes, it is possible to be charged with trespassing even if you were not verbally told to leave. If the property owner has taken reasonable steps to indicate that the property is private, such as posting 'No Trespassing' signs, you can still be held liable for trespassing. Always be aware of your surroundings and any posted notices to avoid legal issues.