next »

[Urbex Tom]

maybe someone ot there knows what the consequences for such activity is???

It all depends.

-Trespassing
-Breaking and Entering
-Criminal Trespassing

Tom,
What's the diff between Break and enter and criminal trespass?
Thanks

You got me there.

I'll look that up for you.

[Andrew G.]

This is just a guess, but I think the difference between criminal trespass and breaking & entering is this:

Trespassing is when you're somewhere you're not supposed to be, such as private land or the like.

Criminal trespass is when you're somewhere you're not supposed to be, usually with the intention of doing something else, such as vandalism, theft, or worse.

Breaking and entering is when someone actually has to do something in order to gain access to a building/structure, whether it be opening a door or busting through a wall.

[Dark Horizon]

I dont think this is the best place to be talking about ways to weasle out of a ticket.  This is a public forum and we all know that police and security keep an eye on UE sites.

sry bout that
i dont wanna sound like im "weaslin" out of anything
i just wanted to know if any of the consequences stories ive heard are real
from what u guys said so far most of the stories seem completly fictional written by someone tryin to get more hits on there webpage

[autoguy]

I'm no legal expert, but I was curious.  One definition of trespass:

"Entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property."

Says AND causing damage etc..  Anyone should know that causing damage is wrong.  

Hunters and land owners have going through all this for ages.  Generally, the area has to be posted.  Clear signs spaced a certain distance. (80 to 100 feet?)  In some states they must also have the owner's signature on the sign.

If you are on an unposted property and are asked to leave immediately, you can be charged if you do not leave.  Simply entering a properly posted property means you have violated the trespassing law.

That's just the letter of law.  Sometimes the law is made up on the spot by whoever has the badge.

"Criminal Trespass", here's one definition:

"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 Tennessee, the law assumes that the person knew they didn’t have the owner’s consent if the owner or someone with the authority to act on behalf of the owner personally communicates this fact to her, or if there’s a fence around the property, or if there’s a sign or other posting on the property that’s likely to be seen by intruders.

You may have a defense against criminal trespass if the property was open to the public, or your conduct didn’t substantially interfere with the owner’s use of the property, or you immediately left the premises when requested."

B&E:

"entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime."

I think pushing an unlocked door is a bit extreme, but back to who has the badge....  I'll also add that I wouldn't appreciate people poking around my property and buildings, unlocked or otherwise.  Good way to get hurt.  Best to ask permission, even when hunting, picking mushrooms or berries, etc..

http://legal-dictionary.thefreedictionary.com/trespassing
http://criminal.lawyers.com/Criminal-Law-Crime-Definition-FAQs.html
http://legal-dictionary.thefreedictionary.com/breaking+and+entering

[Dark Horizon]

kool
thats some detailed info
yea the unlocked door thing is kinda silly but i guess it had to be put in the law so no one could say it was unlocked as an exuse
thanx for the answers and the links to the legal sites

[autoguy]

The web sites were linked, yep, so please understand it's not "my" stuff, and things vary from place to place.

I have seen, and been, alot of places where folks will not lock doors.  We should respect property that does not belong to us, and that is what the B&E wording looks like it is designed to uphold.

Personally, I've seen situations where a judge uses the state law books to wipe their ass, and then proceeds to eat raw flesh.  (Mine.)  The wordings do not specify any opinions of what may be "abandonded", etc., either.  Most sites will advise against breaking the law and there are good reasons for that.  The young lady who was seriously injured is one of those reasons.  Ouch!

[Lightwriter]

If you have to force your way inside it's B&E and it means serious trouble and sometimes jail. Even if the place has been empty and boarded up since 1955, if you had to use a crowbar, break a window or kick open a door and you get caught, you are screwed, so don't do it.

Also, know if your adventure is on Federal land, a federal criminal record will cost you big time if you ever need a loan or federal benifits.

Think long term, think big picture.

If stopped by the Man, don't be a jerk. Tell the officer exactly what you were doing. Hopefully you don't have beer or drugs on you because you WILL be searched. It's up to the cop as to what happens next so everything you do once the dance begins will only help you or hurt you.

Thank God for telephoto lenses, next best thing to being there.