Of course not you have to prove criminal intent first.
2007-02-22 04:34:00
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answer #1
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answered by L J 4
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Technically, yes.
However, in a court of law, reasonableness may prevail. For example, if the land is not clearly delimited, not clearly marked, then it's likely that any charges of trespassing would be dismissed. Normally, ignorance is not a defense. However, it's the responsibility of the property owner to provide some indication where HIS land is and that it's private.
2007-02-22 10:29:10
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answer #2
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answered by Jay 7
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In the state where I works as a cop "criminal tresspass" had to involve either:
Climbing over a fence or going thru a barrier prohibiting unauthorized entry.
Remaining in defiance or a written or communicated order to leave.
Merely stepping onto somebody's land wouldn't constitute tresspasing. There has to be some indication of intent, i.e. fence or them telling you to leave and not come back.
2007-02-22 10:33:56
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answer #3
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answered by Anonymous
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In order to charge someone with "trespassing", they would have to have "knowingly and willingly" know there were trespassing, they have to have "intent", to commit the offense.
2007-02-22 10:37:42
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answer #4
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answered by Anonymous
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trespassing has to have intent
if it was done by accident , there is no intent
2007-02-22 10:29:08
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answer #5
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answered by knox_mountain_guy 2
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no... they have to see a sign saying no trespass and than deliberately go there.
2007-02-22 10:33:41
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answer #6
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answered by Anonymous
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Technically no. Your so called land owner does not really own the land. When he/she does not pay their taxes guess what, it gets taken away lol. Did I mention when you die you don't own it anymore, so therefore you don't really own it in the first place.
2007-02-22 10:32:34
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answer #7
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answered by omvg1 5
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No and courts do not prosecute cases where people try to make such technical issues into crimes. If there is no harm, no intent and no repeat, its not a crime.
2007-02-22 10:28:45
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answer #8
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answered by Tom W 6
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I wouldn't think so. Do you have NO TRESSPASSING signs posted? If not it is most definitely not tresspassing.
2007-02-22 10:28:47
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answer #9
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answered by Babie Sue 2
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