Trespassing Definition

Trespassing is legally defined as entering or remaining on someone else’s property without permission, thereby violating the property owner's rights. This can apply to real estate such as land or buildings, and in some cases, personal property like cars or boats.

Key points about trespassing include:

• It is both a physical act and a legal violation.
• The trespasser does not necessarily need to intend to trespass; they only need to intend to enter or stay on the property.
• Trespassing can be a civil wrong (tort) and may also be a criminal offense depending on the jurisdiction and circumstances.
• Legal consequences can include fines, jail time, or civil liability for damages.

For example, under California law (Penal Code Section 602), trespassing includes entering private property without permission, refusing to leave when asked, or entering with intent to damage property or interfere with business. Conviction can result in misdemeanor charges with penalties such as up to six months in jail and fines up to $1,000.

In summary, trespassing is the unauthorized entry or presence on another’s property, infringing on their legal rights and potentially subject to civil or criminal penalties.