A person shall have written permission for purposes of this section if a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land and the person is carrying both a current membership card demonstrating the persons membership in the club and a copy of written permission granted to the club that complies with the requirements of this section. Those found violating can be charged with trespass. Charges can include fines, imprisonment, and other types of punishment, alongside resulting in a permanent criminal record. The property in question could be your house, piece of land, car, office, home, or beach. Having a permanent criminal record can result in issues with various future endeavors such as problems with your employer, child custody, immigration, and financial support. However, the presence of certain aggravating factors can change the classification of first-degree criminal trespass: (c) It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest. Simply placing a key into a lock or crossing over a door threshold and not entering any further can STILL be grounds for arrest. Determine whether it counts as trespassing, check the state laws . Typically, this is either the sheriff's office or the local police department for the county or municipality in which the property is located. And we will guide you on how to charge someone with trespassing. (f) A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist: (1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession. Fortunately for us, the definitions are extremely brief, only a single word, found in 14-159.11: As used in this Article, building means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements. If you opt for the first option to charge someone with trespassing, then this is how your case is going to look like. How to Have Your Criminal Record Expunged in North Carolina, No Trespassing or Private Property Signs to Protect Your Property, A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. So, if anyone trespasses your property, find below how to charge someone with trespassing. 1:36. Regulations as to posting of property. Required fields are marked *. To put it simply, trespassing is defined as entering the private property of a landowner or legally permissible occupant without their permission, or by violating a sign that clearly states no trespassing.
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