Criminal Trespass And Criminal Mischief

Criminal Trespass and Criminal Mischief

What is criminal trespassing and criminal mischief? They both are offences done intentionally, recklessly, and with negligence. Criminal trespass is going into a building by subterfuge or surreptitiously remaining in the building. Criminal mischief is damaging tangible property of another in a reckless or unknowing manner with fire, explosives, etc.

Criminal trespass is going in to a building by subterfuge or surreptitiously remaining in the building and knowing you are not licensed or allowed to be there. There are many types of criminal trespass; buildings and occupied structures, defiant trespasser, simple trespasser, and agricultural trespasser.

A building and occupied structures trespasser is when a person commits an offense if, knowing that he is not licensed or privileged to do so. The person enters, breaks into, or gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof. If you enter or gains entry it is an offence of the third degree and if you break in to a building it is an offense to the second degree. The difference between a building and occupied structures trespasser and a simple trespasser is the reason for them being there. A simple trespasser stays in the building to threaten or terrorize the owner of the building, to start a fire, or to damage of deface the premises. The difference between a simple trespasser and a defiant trespasser is that a defiant trespasser is given notice against trespass.

There are multiple types of notices that can be given to a trespasser for him to understand that he is not allowed in that area. The first being someone actually tells the actor not to trespass. Posting in a manner by the law likely to come to the intruder's attention and or posting at every entrance saying visitors are prohibited without authorization. Another form is fencing around the designated area to exclude intruders and other people of the public. There are not many differences between a defiant trespasser and an agricultural trespasser. The main difference is the area which they are trespassing. An agricultural trespasser is an open field or land that has posted notices of no trespassing and is usually fenced off. While on the other hand a defiant trespasser is trespassing on school grounds or public parks. These are the types of offences you can commit, but the charges differ from each degree of the offence.

The highest form of punishment is capital punishment resulting in life imprisonment with no less than 25 years. For a life imprisonment it may not last more than 40 years and not less than 30 years and a fine of $15,000. To the first degree it is imprisonment of 10-20 years and $15,000 fine. The second degree is 5-10years and $15,000 fine. The third degree is 1-5 years and $5,000 fine. Misdemeanor of the first degree is not more