QUESTION

What is the definition of criminal trespass?

Asked on Aug 17th, 2000 on Criminal Law - Tennessee
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What is the definition of criminal trespass?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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While the precise definition can vary from state to state, a person commits the crime of "criminal trespass" when she enters or remains on another's property without the owner's consent. In your state, Tennessee, the law infers that the person knew they did not have the owner's consent if the owner or someone with authority to act on behalf of the owner personally communicates this fact to her, or if there is a fence around the property, or if there is a sign or other posting on the property that is likely to be seen by intruders. There are also circumstances which operate as a defense to criminal trespass, such as if the property was open to the public when the person entered and remained, or the person's conduct did not substantially interfere with the owner's use of the property, or the person immediately left the premises upon request. In Tennessee, criminal trespass is a misdemeanor, not a felony.
Answered on Aug 17th, 2000 at 12:00 AM

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