Criminal Trespass and Criminal Mischief

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Criminal Trespass and Criminal Mischief

By | May 2007
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Criminal Trespass and Criminal Mischief
What is criminal trespassing and criminal mischief? They both are offences done intentionally, recklessly, and with negligence. Criminal trespass is going into a building by subterfuge or surreptitiously remaining in the building. Criminal mischief is damaging tangible property of another in a reckless or unknowing manner with fire, explosives, etc.

Criminal trespass is going in to a building by subterfuge or surreptitiously remaining in the building and knowing you are not licensed or allowed to be there. There are many types of criminal trespass; buildings and occupied structures, defiant trespasser, simple trespasser, and agricultural trespasser.

A building and occupied structures trespasser is when a person commits an offense if, knowing that he is not licensed or privileged to do so. The person enters, breaks into, or gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof. If you enter or gains entry it is an offence of the third degree and if you break in to a building it is an offense to the second degree. The difference between a building and occupied structures trespasser and a simple trespasser is the reason for them being there. A simple trespasser stays in the building to threaten or terrorize the owner of the building, to start a fire, or to damage of deface the premises. The difference between a simple trespasser and a defiant trespasser is that a defiant trespasser is given notice against trespass.

There are multiple types of notices that can be given to a trespasser for him to understand that he is not allowed in that area. The first being someone actually tells the actor not to trespass. Posting in a manner by the law likely to come to the intruder's attention and or posting at every entrance saying visitors are prohibited without authorization. Another form is fencing around the designated area to...

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