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?
1 Answer from Attorneys
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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