Trespassing is a legal term that can refer to a wide variety of offenses against a person or against

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against

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Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property; Trespassing means, entering onto land without consent of the landowner(s). When it comes to trespassing laws they can fall into two categories: Criminal Trespassing and Civil Trespassing. Criminal trespassing is enforced by police, sheriffs, and park rangers, while civil trespassing requires that a landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible, regardless of whether a crime has been committed. Typically, for either type of trespassing, some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another’s land but must knowingly go onto property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a “no trespassing” sign is posted. A trespasser would probably not be prosecuted if the land was open, the trespasser’s conduct did not substantially interfere with the owner’s use of the property, and the trespasser left immediately on request. Trespassing on an owners land can occur during any time of the day, especially if the landowner has not implied or expressed consent. For a landowner to express consent, the landowner may indicate, verbally or in writing, permission to enter onto the land; the existence of consent may also be implied from the landowner’s conduct, from custom, or from the circumstances. Consent may be implied if these factors exist: the landowner was unavailable to
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This note was uploaded on 03/08/2011 for the course STA 4406 taught by Professor Mckinney during the Spring '11 term at FIU.

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Trespassing is a legal term that can refer to a wide variety of offenses against a person or against

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