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  1. #1
    Join Date
    Oct 2015
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    1

    Default Can You Be Charged With Trespassing for Sneaking Into Your Girlfriend's House

    My question involves juvenile law in the State of: indiana
    I am 16 years old. My girlfriend asked me to go over to her house but she was going to sneak me in through the garage door. She's 17. I went to her house like at 7 and I brought some snacks and stuff. We fell asleep and my mom came to pick me up at around midnight. She knocked on the front door and my girlfriend's mom opened it. She didn't know I was there. She went into my girlfriend's room and we were there sleeping. She turned on the lights and we woke up and her mom said they were here to pick me up. I didn't know what to say since she caught us. I didn't say anything and I put on my sweater grabbed my charger and left. Her mom was saying something but I don't remember what she said. It was all a blur as I just woke up. My mom wasn't aware of the fact that I was there without her mom knowing. My mom knows my girlfriend's mom from work and she said she's really strict and mean and that she might not let me see her again. The next day I called her mom to apologize but she was mad. She said she could have shot me if she wanted to. She also said she could call the police and I could get sent to juvie. Is that true? Her daughter invited me in. Is that still trespassing? Could i be charged? What can I be charged with? I tried apologizing but she was mad. She said she wanted to talk to me and my mom. What should I do and what's going to happen?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Be Charged With Trespassing for Sneaking Into Your Girlfriend's House

    You are going to have to wait to see what's going to happen. Given she did not call the police I do not see a trespassing charge but if she has told you you are not allowed on the property, from here on out it could be, even if the daughter invites you. The girl is under the control of her parents and in effect has no right to countermand her parents demands regarding this.

    so, it would be a really good idea to be prepared to actually listen to the girl's mother and if she says no, then comply with the demand.


    as far as being shot: legally, not from what you described but I don't know your girlfriends mother so what the law allows may not make any difference.


    IC 35-41-3-2
    Use of force to protect person or property
    Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
    (b) A person:
    (1) is justified in using reasonable force, including deadly force, against another person; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
    (c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    only if that force is justified under subsection (a).
    while a very liberal interpretation would allow the mother to shoot you, realistically the law is not written to allow a person to shoot another without some actual provocation. I will say that if you are ever ordered to leave another's premises you leave without argument and never, NEVER attempt to resist a person actually attempting to put you out of their residence. Either of those could give justification to shoot you. The law in Indiana allowing this is very new so there is not much case law in place to review to know how liberally or strictly the courts are going to interpret it.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Can You Be Charged With Trespassing for Sneaking Into Your Girlfriend's House

    Its a good thing your girlfriend didn't have a nightmare. If Mom had heard her daughter screaming and come in and seen someone in bed with her she may have gotten a gun and you wouldn't be here now. It may sound unreasonable but people have been shot and killed when someone fears for their or another's safety. People don't always stop to ask questions, they shot first and ask questions later.

  4. #4

    Default Re: Can You Be Charged With Trespassing for Sneaking Into Your Girlfriend's House

    Yep, this could have ended badly with little more than a single shuffle down the hall to use the restroom ... mom sees the shadowy figure of a man who does'n't belong in the house .. and blamo, brains on the wall.

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