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  1. #1

    Exclamation Criminal Trespassing

    My question involves criminal law for the state of: criminal Trespassing

    Alright three friends and I were in Clarksville Indiana and were driving down a road and seen a bunch of cars beside the road, so we pulled off and got out to take a look. There were no "no trespassing" signs or anything along those lines no fence just a path right to them, so we go in and look around for a while and come back out, note we did no property damage stole nothing...ect. We get in our cars and drive up the road about 300 yards and 5 cop cars are waiting, they say that they seen us exiting the junkyard and that we are under arrest for trespassing. they leave our cars in the road unlocked windows down and take us to jail. We are released hours later and given a court date. When we arrive at court we are told that we are being charged with criminal trespassing and that the owner has told us not to be on the property. This is the first time we have even been in Indiana. Im not sure how we can be found guilty any help will be greatly appreciated.

  2. #2
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    Default Re: Criminal Trespassing

    We're talking about this statute?
    Quote Quoting Tennessee Code, Sec. 39-14-405. Criminal trespass.
    (a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.

    (b) It is a defense to prosecution under this section that:
    (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;

    (2) The person's conduct did not substantially interfere with the owner's use of the property; and

    (3) The person immediately left the property upon request.
    (c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property.

    (d) For purposes of this section, “enter” means intrusion of the entire body.

    (e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in §§ 1-3-105(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted.

    (f) Criminal trespass is a Class C misdemeanor.
    It sounds like the owner may be having a problem with trespassing and theft or vandalism, and perhaps believes that you're a group of kids that has previously been warned not to enter the property. Have you been able to get a copy of the police report?

  3. #3

    Default Re: Criminal Trespassing

    Indiana is the state in which it happened and I will be going to court in. Im not sure if thats any different.
    I mean we didnt take anything had nothing in our car from there or anything did no type of vandalism just looked around basically.
    This was the first time we had even been to that state. Im just not sure what they are going to be able to say in court and how I will defend against it. We were not stopped as we were walking out but as we were driving down the road oddly.
    As for a police report we were not given one im not sure if we were suppose to or not.
    thank you for helping. I just need to figure out everything I can because I cant afford to go to jail because i only have 2 more months of college left and i cant miss them

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