Trespass

Question 1

TRESPASS: Entry on another’s pasture or land after notice; posting notice

Answer 1

ELEMENTS:

1. that the accused entered the lands of another, and
2. That the accused was on notice that such entry was prohibited (sufficient to post in 4 visible places on your land)

COURT: SUMMARY COURT

Question 2

TRESSPASS: Entry on another’s lands for various purposes without permission

Answer 2

ELEMENTS:

1. that the accused entered the lands of another; and
2. Entry was for the purpose of hunting, fishing, trapping, netting, gathering…etc. without consent of owner or tenant.

COURT: SUMMARY COURT (1st and 2nd offenses)
GENERAL SESSIONS: (3rd and subsequent offenses)

Question 3

ENTERING PREMISES AFTER WARNING OR REFUSING TO LEAVE ON REQUEST

Answer 3

ELEMENTS:

1. the accused, without legal cause or evidence, entered the dwelling, place of business, or premises of another, AND
2. That the accused had been warned not to enter such premises

OR

That the accused, without having been warned, failed or refused to leave - immediately after having been ordered or requested to do so by the person in possession.

COURT: SUMMARY COURT