3705. Unlawful trespass
(a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, the person enters or remains on any land or in any place as to which notice against trespass is given by:
(A) actual communication by the person in lawful possession or the person’s agent or by a law enforcement officer acting on behalf of such person or the person’s agent;
(B) signs or placards so designed and situated as to give reasonable notice; or
(C) in the case of abandoned property:
(i) signs or placards, posted by the owner, the owner’s agent, or a law enforcement officer, and so designed and situated as to give reasonable notice; or
(ii) actual communication by a law enforcement officer.
(2) As used in this subsection, “abandoned property” means:
(A) real property on which there is a vacant structure that for the previous 60 days has been continuously unoccupied by a person with the legal right to occupy it and with respect to which the municipality has by first-class mail to the owner’s last known address provided the owner with notice and an opportunity to be heard; and
(i) property taxes have been delinquent for six months or more; or
(ii) one or more utility services have been disconnected; or
(B) a railroad car that for the previous 60 days has been unmoved and unoccupied by a person with the legal right to occupy it.
(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.
(c) A person who enters the motor vehicle of another and knows that the person does not have legal authority or the consent of the person in lawful possession of the motor vehicle to do so shall be imprisoned not more than three months or fined not more than $500.00, or both. For a second or subsequent offense, a person who violates this subsection shall be imprisoned not more than one year or fined not more than $500.00, or both. Notice against trespass shall not be required under this subsection.
(d) A person who enters a building other than a residence, whose access is normally locked, whether or not the access is actually locked, or a residence in violation of an order of any court of competent jurisdiction in this State shall be imprisoned for not more than one year or fined not more than $500.00, or both.
(e) A person who enters a dwelling house, whether or not a person is actually present, knowing that the person is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.
(f) A law enforcement officer shall not be prosecuted under subsection (a) of this section if the law enforcement officer is authorized to serve civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, and the scope of the law enforcement officer’s entrance onto the land or place of another is not more than necessary to effectuate the service of process.
Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), § 1; 1973, No. 109, § 7; 1979, No. 153 (Adj. Sess.), § 2; 1981, No. 223 (Adj. Sess.), §§ 17, 23; 2013, No. 49, § 3; 2013, No. 75, § 21; 2023, No. 129 (Adj. Sess.), § 1, eff. July 1, 2024.
