Trespassing in general
Posted: Mon Nov 08, 2004 11:20 pmTrespassing is a constant issue in the township. There is an attitude by many that since this is the country anyone can go anwhere they please. There is also a great amount of confusion and ignorance about the trespass laws, especially posters.
This is a summary of the Pa. laws. Note that it includes a section titled Agricultural Trespass.
STATE
TRESPASSING LAWS
POSTING LAWS
WHO TO CONTACT FOR HELP
Pennsylvania
18 Pa Code 3503. Criminal Trespass. (b) Defiant trespasser.- 1.A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: i. actual communication to the actor; or ii. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or iii. fencing or other enclosure manifestly designed to exclude intruders. 2.An offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. Otherwise it is a summary offense. (b.1) Simple trespasser.- 1.A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of: i. threatening or terrorizing the owner or occupant of the premises; ii. starting or causing to be started any fire upon the premises; or iii. defacing or damaging the premises. 2.An offense under this subsection constitutes a summary offense. (b.2) Agricultural trespasser.- 1.A person commits an offense if knowing that he is not licensed or privileged to do so he: i. enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person’s attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or ii. enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person. 2.An offense under this subsection shall be graded as follows: i. An offense under paragraph (1)(I) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250. ii. An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000. 3. For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use. © Defenses.- It is a defense to prosecution under this section that: … 3. the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.
18 Pa Code 3503. Criminal Trespass. … i. actual communication to the actor; or ii. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or iii. fencing or other enclosure manifestly designed to exclude intruders.
Any township, city or state law enforcement agency
This is a summary of the Pa. laws. Note that it includes a section titled Agricultural Trespass.
STATE
TRESPASSING LAWS
POSTING LAWS
WHO TO CONTACT FOR HELP
Pennsylvania
18 Pa Code 3503. Criminal Trespass. (b) Defiant trespasser.- 1.A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by: i. actual communication to the actor; or ii. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or iii. fencing or other enclosure manifestly designed to exclude intruders. 2.An offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. Otherwise it is a summary offense. (b.1) Simple trespasser.- 1.A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of: i. threatening or terrorizing the owner or occupant of the premises; ii. starting or causing to be started any fire upon the premises; or iii. defacing or damaging the premises. 2.An offense under this subsection constitutes a summary offense. (b.2) Agricultural trespasser.- 1.A person commits an offense if knowing that he is not licensed or privileged to do so he: i. enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person’s attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or ii. enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person. 2.An offense under this subsection shall be graded as follows: i. An offense under paragraph (1)(I) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250. ii. An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000. 3. For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use. © Defenses.- It is a defense to prosecution under this section that: … 3. the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.
18 Pa Code 3503. Criminal Trespass. … i. actual communication to the actor; or ii. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or iii. fencing or other enclosure manifestly designed to exclude intruders.
Any township, city or state law enforcement agency