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October 16th, 2008, 08:57 PM #1
Legal Reference Requested: Trespassing on Posted Private Property
Can someone please provide me with the exact PA statute that defines the offense of Trespassing on Posted Private Property and penalty? A link or snip of the exact legalese would be much appreciated.
Fairly urgent. Thanks.
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October 16th, 2008, 08:58 PM #2
Re: Legal Reference Requested: Trespassing on Posted Private Property
http://members.aol.com/statutesPA/18.Cp.35.html
(b) Defiant trespasser.--
1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
i. actual communication to the actor;
ii. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
iii. fencing or other enclosure manifestly designed to exclude intruders;
iv. notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
v. an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
2. Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.Last edited by gnbrotz; October 16th, 2008 at 09:01 PM.
Get your "Guns Save Lives" stickers today! PM for more info.
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October 16th, 2008, 09:01 PM #3
Re: Legal Reference Requested: Trespassing on Posted Private Property
Perfect.
That's what I call fast.
I thank you sir.
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October 16th, 2008, 09:10 PM #4
Re: Legal Reference Requested: Trespassing on Posted Private Property
The penalty is listed out for the first 4 subsections - Misdemeanor third degree. Maximum penalty of 1 year in jail and I THINK up to $1000 fine.
The last subsection (v.) is the Defiant Trespass. Misdemeanor of the first degree. Maximum penalty of 5 years in jail, and I think up to a $5000 fine.
The Defiant Trespass will get you federally excluded from owning, possessing or certainly purchasing firearms.
Good luck with whatever you are working on."The rifle is the weapon of democracy. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military. The hired servants of our rulers. Only the government-and a few outlaws. I intend to be among the outlaws." (Edward Abbey, "The Right to Arms," Abbey's Road [New York, 1979])
I have my rifle. Do you?
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October 16th, 2008, 09:18 PM #5
Re: Legal Reference Requested: Trespassing on Posted Private Property
Get your "Guns Save Lives" stickers today! PM for more info.
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October 16th, 2008, 09:46 PM #6
Re: Legal Reference Requested: Trespassing on Posted Private Property
Our parcel is posted as Private Property for the use and enjoyment of members only.
We have over 5 miles of single access blacktop over rolling hills and landscaped grounds.
We permit the neighbors from adjoining parcels to walk, jog, bike, roller blade and exercise their dogs on our land. It's the neighborly thing to do.
Recently, some of our "neighbors" have been abusing this access by defacing our homes, signage and not picking up after their animals.
Now the access will end. Under penalty of law.
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October 16th, 2008, 09:50 PM #7
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October 16th, 2008, 09:53 PM #8
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October 16th, 2008, 09:59 PM #9Grand Member
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Re: Legal Reference Requested: Trespassing on Posted Private Property
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October 16th, 2008, 10:11 PM #10
Re: Legal Reference Requested: Trespassing on Posted Private Property
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