Legal Question in Criminal Law in Oregon

criminal trespassing ll

My husband and his friend and his two boys were riding there motorbikes on a trails that were off a gated road. A county sherriff saw them and sited them with criminal trespassing ll. There was a sign posted that said no motor vehicles. My husband and his friend did not see the sign for it was not in a noticable place. They explained that they did not know they couldn't be there. They have a court date in a couple of weeks. So, my question is-could you explain what criminal tresspassing ll is and what is the punishment. They both have no prior criminal records. Any info you have would be great. Also, is it a misdemeanor or a felony?


Asked on 2/11/02, 11:18 am

1 Answer from Attorneys
J. William Savage Rieke & Savage, P.C.

Re: criminal trespassing ll

Criminal Trepass II is a Class C misdeamor. It is defined in ORS 164.245. A person commits the crime "if the person enters or remains unlawfully in or upon premises." There is a mental state of mind element required for the state to prove this crime. The location of the sign may be important in this case, but the specific facts need to be investigated further. It does sound like a defensible case.

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Answered on 2/11/02, 12:29 pm


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