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Criminal Trespass Elements

by Joseph C. Maya on Aug. 11, 2017

Criminal Criminal  Felony 

Summary: A blog post about the crime of criminal trespass and the elements in Connecticut.

For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Under Connecticut law, it is illegal for any individual to enter into, or onto the premises belonging to another without the owner’s permission.  It should be noted that even if the Defendant does not have any criminal intentions, he or she may still be subject to a charge of criminal trespass which, depending upon the degree, can carry significant monetary fines and possible jail time.

Under Connecticut General Statutes, Section 53a-107, a person is guilty of criminal trespass in the first degree when: (1) knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to the Defendant by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, that has been issued against the Defendant in a case involving the use, attempted use or threatened use of physical force against another person; or (4) knowing that he or she is not licensed or privileged to do so, the Defendant enters or remains on public land after an order to leave or not to enter, personally communicated to the Defendant by an authorized official of the state or a municipality, as the case may be.  Criminal trespass in the first degree is a Class A misdemeanor.

Alternatively, if the Defendant is charged with criminal trespass in the second degree, the prosecutor must prove that the Defendant, knowing that he or she is not licensed or privileged to do so, (1) enters or remains in a building, or (2) enters or remains on public land.  (C.S.G. §53a-108.)  Any violation by the Defendant of criminal trespass in the second degree is classified as a Class B misdemeanor.

If the Defendant is charged with criminal trespass in the third degree, the prosecutor’s elements of proof become less specific.  A person is guilty of criminal trespass in the third degree when, “knowing that such person is not licensed or privileged to do so: (1) Such person enters or remains on a premises which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or are fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) such person enters or remains in any premises for the purpose of hunting, trapping or fishing; or (3) such person enters or remains on public land which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or is fenced or otherwise enclosed in a manner designed to exclude intruders.”  (C.G.S. §53a-109).

Criminal trespass in the third degree is a Class C misdemeanor, except that any person found guilty under subdivision (2), for hunting and fishing, shall be guilty of a Class B misdemeanor and fined not less than five hundred dollars ($500), nor more than one thousand dollars ($1,000), along with any sentenced jail time.  (C.G.S. §53a-109).

If you have been arrested and charged with criminal trespass, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com.  We have the experience and knowledge you need at this critical juncture. We serve clients throughout Connecticut and all of Fairfield County, from Greenwich and Stamford to Westport and Bridgeport.


Source: C.G.S. Â§ 53a-107

C.G.S. Â§ 53a-108

C.G.S. Â§ 53a-109

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