All About Trespassing

Course Introduction

1) Instructor introduction.

1)  Explain the course objective.

a) Recognize trespassing statutes.

b) Recognize criminal activity whole on the land not unlawful entries onto land.

2)  Encourage attendees to ask questions and share feedback with other attendees.

3)  Explain that certificates will be emailed after the class and each student will be registered in the Blue to Gold University.

4)  Go over the three disclaimers:

a)  Laws and agency standard operating procedures may be more restrictive. Blue to Gold teaching the federal standard unless otherwise stated. Therefore, students must know their state and local requirements in addition to the federal standard.

b)  If students have any doubts about their actions, ask a supervisor or legal advisor.

c)  The course is not legal advice, but legal education. Therefore, nothing we teach should be interpreted as legal advice. Check with your agency’s legal advisor for legal advice.

Module One – Various State Statutes

1) California

a)  A person who willfully commits a trespass is guilty of a misdemeanor. P.C. 602(o). Refusing or failing to leave land, real property, or structures not open to the general public, on request by the owner or lawful possessor or by a peace officer at the request of the owner or lawful possessor. This provision does not apply to persons engaged in lawful labor union activities.

b)  A person who willfully commits a trespass is guilty of a misdemeanor. P.C. 602(k). Entering lands for the purpose of injuring property or with the intention of interfering with, obstructing, or injuring a business or occupation.

c)  A person who willfully commits a trespass is guilty of a misdemeanor. P.C. 602(q). Failing to leave a public building when closed or on request of the custodian, if the circumstances indicate that the defendant has no apparent lawful business there.

2) Nevada

a) 207.200. Unlawful trespass upon land; warning against trespassing. 1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

3) Texas

a) § 30.05. Criminal Trespass. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center.

Module Two – Comment Elements
1) Did so willfully

2) Enters or remains on land/building

3) After having been warned

4) By owner or agent

Module Three – Trespassing Notices

1) Paint Marks
2) Fencing
3) No Trespassing signs

4) Verbal/Written Warning Module Four – Scenarios

1) Public Areas
2) Asking for ID
3) Detaining individuals