Legal Reference Requested: Trespassing on Posted Private Property

[Captain Tuttle]

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.

[gnbrotz]

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.

Can't help with the penalty.

[Captain Tuttle]

Perfect.

That's what I call fast.

I thank you sir.

[mikepro8]

http://members.aol.com/statutesPA/18.Cp.35.html

Can't help with the penalty.

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.

[gnbrotz]

The penalty is listed out for the first 4 subsections - Misdemeanor third degree.

I don't agree. Read closely. That's only the case "if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person." Otherwise (except in v.), it's a summary offense.

[Captain Tuttle]

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.

[Captain Tuttle]

Good luck with whatever you are working on.

Thank you sir.

...That's only the case "if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person." Otherwise (except in v.), it's a summary offense.

Yes, I read that too. I am not sure what "summary offense" means. Hopefully someone will chime in with that that means exactly.

[knight0334]

Thank you sir.



Yes, I read that too. I am not sure what "summary offense" means. Hopefully someone will chime in with that that means exactly.

Summary offense is lower than a misdemeanor. Its along the lines of jay-walking, speeding, etc..

[Philbert]

Thank you sir.



Yes, I read that too. I am not sure what "summary offense" means. Hopefully someone will chime in with that that means exactly.

It means that the offense can be dealt with summarily, without a jury trial. In PA that means an offense carrying a maximum of 90 days in jail, though usually you'll just be given a citation. If you want to fight it you can appeal to the court of common pleas.

[Captain Tuttle]

It means that the offense can be dealt with summarily, without a jury trial. In PA that means an offense carrying a maximum of 90 days in jail, though usually you'll just be given a citation. If you want to fight it you can appeal to the court of common pleas.

I see. So, I'd have to call PSP (no local police where we are), wait for response (30+ mins.) and hope they catch the trespasser so he/she can cited. That does not sound promising. But at least now I understand the statute and penalty.

Thank you gents.