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  1. #1
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    Default Can You Beat a Trespassing Charge by Claiming the Landowner Didn't Prevent Trespass

    My question involves real estate located in the State of: Connecticut

    My state has both criminal trespass and simple trespass. Simple trespass is (basically) entering a location without permission but with no intent to do harm. Simple can become criminal trespass if you have been told in person prior by an official (police, judge) not to enter the location.

    In a defense of criminal trespass it states "(2) the premises at the time of entry were open to the public..."

    The word premises as used here, can that also mean land or does it refer only to a building?

    If it does include land then would it be a requirement that a landowner need to secure his land (fence, chain, etc.) or is the posting of signs enough to sustain a charge?

  2. #2
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    Default Re: Landowners Responsibilities to Prevent Trespass

    can you provide the specific statute (at least the number) you are speaking about?

  3. #3
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    Default Re: Landowners Responsibilities to Prevent Trespass

    http://www.cga.ct.gov/2002/rpt/2002-R-0365.htm

    or you can find it, here

    CGS 53a-110

  4. #4
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    Default Re: Landowners Responsibilities to Prevent Trespass

    If you back up one section in the statutes, you find this:
    Sec. 53a-109. Criminal trespass in the third degree: Class C misdemeanor. (a) A person is guilty of criminal trespass in the third degree when, knowing that he is not licensed or privileged to do so: (1) He enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) he enters or remains in any premises for the purpose of hunting, trapping or fishing.
    (b) Criminal trespass in the third degree is a class C misdemeanor.

    using that to provide context to the term "premises", I would read it that premises includes land as well as a building. Criminal trespass in the 2nd and 1st both specifically involve trespass to a building only but as you can see, in the 3rd degree speaks to actions that could only be undertaken outside of a building. So, the definition of premises would vary depending on the specific crime charged. If charged with trespass 3rd degree, it would speak to land or a building. If charged with 1st or 2nd degree, it would speak only to a building.

    I do not like the use of the word "in" as it suggests a building as when speaking of land, "on" is more often the proper preposition to use but taking the entire statute in consideration, it clearly speaks of situations that could not take place within a building so by default, it must also be including an area of land as well.

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    Default Re: Landowners Responsibilities to Prevent Trespass


  6. #6
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    Default Re: Landowners Responsibilities to Prevent Trespass

    Your help is much appreciated

    According to the way the statute, you have attached, is written it does seem that premises can be land even without a building. Certainly you do not normally "hunt, trap or fish" inside a building.

    The section that reads "He enters or remains in premises which are posted in a manner prescribed by law..." also seems to suggest the posting of signs is enough to meet the requirements and the use of fencing, barriers and/or chains is not necessary to make the point.

    However, according to the Wiki definition...

    Premises are land and buildings together considered as a property.

    This seems to suggest there must be a building on the property. Confusing.

    Another issue I will toss in is, does it matter that some trespassers are not given a summons while others may? That is, if I can only alert the authorities to those trespassers whom I personally witness as violators can they claim discrimination, for lack of a better term, because others who may have done the same thing when I was not around were not so charged?

    "Why am I being singled out" they will claim.

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