Legal Question in Criminal Law in Pennsylvania

trespassing

is there case law depicting trespassing in a right of way area? Also, can you be charged with trespassing in a right of way when recapturing your own property, a lawn sign, that you have a receipt for?


Asked on 5/15/06, 4:47 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

Re: trespassing

The defenses from the Statute itself probably cover your action.

(c) Defenses.- It is a defense to prosecution under this section that:

a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;

the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

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.

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Answered on 5/15/06, 5:21 pm


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