Difference Between Trespassing And Criminal Trespassing
| Civil trespass, more commonly known as just trespassing, is a violation of personal property rights and not a crime and usually comes with a fine or community service.
In most states in the US criminal trespass is a criminal offence and is a punishable under the law. The punishment for criminal trespass may include fine or imprisonment for six months or both. More...
Can Utility Companies Trespass On Private Property ?
Anyone getting into private area without legal assurance or the permission of the landowner is guilty of an offence under the Trespass to Property Act and the burden of the evidence is entirely on the lawbreaker. The act, in addition, gives the landowner the power to arrest and prosecute the trespassers. But can utility companies trespass on private property?
Some people have legal authority to enter your private property through their profession without the fear of prosecution. Land engineers, electric and water meter reader, sanitary health inspectors, and environmentalist. But before entering your private area, these people must show their identity card to the landowner. Additionally, some government and public utilities companies have the right to use your property. Even so, the land owner can prevent the government or utility company officials from using your land when their actions go beyond what the law allows. More...
Punishment For Criminal Trespassing
Trespass offences are broadly divided into two categories, civil trespass and criminal trespass depending on the harm they caused to the property and property owner. In most jurisdictions, punishment for civil trespass includes fine, restitution to victim or community service; whereas punishment for criminal trespassing is based both on the harm caused and seriousness of the offence.
Criminal trespass has been classified into first degree, second degree and third degree criminal trespass. A person is found guilty of first degree criminal trespass if he knowingly enters or remains illegally in a building or structure with an intention of committing crime. First degree criminal trespass is a felony (serious crime). Punishment for first degree criminal trespass varies from state to state. In most jurisdiction punishment for first degree criminal trespass ranges from one year to three year imprisonment, and two year probation. More...