Trespassing, in general, comes under the category of criminal law as well as tort law. However, this article will be focusing on criminal trespassing. It is also known as breaking and entering.
Entering or staying on a land or property without any authorization, permission or right is called criminal trespassing. It also includes entering a place of worship and committing offence, which comes under sacrilege. In such instances, the notices in opposition to entering or residing on the property, are sent, either through oral or written communication, by the owner or through the agent who has been given the authority to do so.
When it comes to legal actions, laws differ from country to country. The consequences may be punishable in some places and simply offensive in other areas. The intention of the trespasser and the circumstances they had to do it in, also come into consideration. With the accusation of a misconduct and felony, the trespasser usually has to pay a fine or spend some time behind bars.
Trespassing on Private Residence
The punishment of a Criminal trespasser differs, based on whether they are entering a place of residence or not.
If the trespassing person is aware of the presence of the owner in that place and still continues to enter or stay within the property, they are deemed as being guilty. The punishment for a basic crime of trespassing includes spending 3 years in jail, and for serious crimes along with trespassing is 5 years behind bars.