HB 56 CLARIFY CRIME OF TRESPASS

Rep Cathrynn N Brown

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 56 (HB 56) clarifies that the crime of trespass includes persons who knowingly enter without prior permission or remain on the lands of another knowing that the owner or lawful occupant did not provide permission. It also increases the penalty for trespass in certain circumstances. 

 House Bill 56 (HB 56) clarifies the crime of trespass and increases the penalty for trespass and related offenses.

First, the bill clarifies the crime of trespass on the unposted land of another.  It adds that the trespasser must enter the unposted land without prior permission and that the trespasser knew that the owner or lawful occupant did not provide permission or withdrew permission.  
Second, the bill clarifies the crime of trespass on the lands owned, operated or controlled by the state.  It adds that the trespasser must enter the land without prior permission and that the trespasser knew that the custodian of the lands did not provide permission or that the custodian denied or withdrew permission. 

Third, the bill increases the penalty of criminal trespass from a misdemeanor to a fourth degree felony, increases the penalty of removing or tampering with a “no trespass” sign from a petty misdemeanor to a fourth degree felony, and increases the penalty of a person who enters and remains on the lands of another after having been requested to leave from a misdemeanor to a fourth degree felony.  
 

 Currently, the crime of trespass on unposted lands consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant.  The crime of trespass on state land currently consists of knowingly entering or remaining upon state land knowing that consent to enter or remain is denied or withdrawn by the custodian. 

Currently, criminal trespass and entering and remaining on lands of another after having been requested to leave are both misdemeanor offenses, and the crime of removing or tampering with a “no trespass” sign is a petty misdemeanor.