Trespassing

Trespassing is the act of willingly entering or remaining in a conveyance or structure without being invited, authorized, or licensed to do so, or being told to leave the premises by the owner or renter of the conveyance or structure after being invited, authorized, or licensed to do so, and refusing to do so.

A person who trespasses in a conveyance or structure is charged with a second degree misdemeanor. A person who trespasses or attempts to trespass when there is a human being inside the conveyance or structure at the time of the crime is charged with a first degree misdemeanor.

A person who is armed with a dangerous weapon or firearm, or arms themselves while in a conveyance or structure, is charged with a third degree felony. The owner, or any authorized person, of the conveyance or structure is able to detain that person for a reasonable amount of time if he or she has reasonable manner to believe trespassing is being or has already been committed.

A person who trespasses on property other than a conveyance or structure without being invited, authorized, or licensed to do so is charged with a first degree misdemeanor. A person who refuses to leave the premises after being personally told to do so by the owner or willingly opens any fences, gates, doors, or commits any acts that would expose crops, animals, or property to destruction, waste, or freedom is charged with a first degree misdemeanor.

A person who is armed with a dangerous weapon or firearm while trespassing on property other than a conveyance or structure is charged with a third degree felony. The owner, or any authorized person, of the property is able to detain any person for a reasonable amount of time if he or she has reasonable manner to believe trespassing is being or has already been committed.

A person who trespasses on a construction site that is more than one acre, or one acre or less, a certified domestic violence center, commercial horticulture property, an agricultural chemicals manufacturing facility, or an agricultural site for research and testing purposes, that are all legally identified with a sign, is charged with a third degree felony.

All signs should be placed on the property where permits for construction are located. A person attempting to take, takes, attempting to kill, or kills any animals who knowingly propels any lethal projectile across or over private land without the authorization to do so is committing trespassing and is charged with a third degree felony. A person who trespasses on school property to bring onto or possess any weapon or firearm on the property is charged with a third degree felony.

A student under expulsion or suspension who commits trespassing by entering or remaining on the school campus or any facility owned by the school, or any person who does not have any business being on the school campus that enters and remains there is charged with a second degree misdemeanor.

A person who enters or remain on a school campus or facility owned by the school after the principal of the school has told him or her to leave is charged with a first degree misdemeanor. If the chief administrative officer of the school or any other employee designated by the chief administrative officer has probable cause to believe a person is trespassing on the school's campus, that officer or employee is able to take that person into custody and detain them for a reasonable amount of time.

The principal or other employee in charge of every private or public school should notify law enforcement to keep any person, who does not have business being there, from loitering in a school safety zone. If any person enters the school safety zone or trespassing and remains there without having any business being there, and has no invitation, authorization, or license to do so, is charged with a second degree felony. If any person violates this and has been previously convicted of any offense is charged with a first degree misdemeanor.

An unauthorized entrance by any person on posted and enclosed land without the permission do to so will be prima facie evidence with the intent of that person to commit trespassing. Entrance by any worker, employee, agent, or servant on posted and enclosed land without the permission of the land owner, and while performing work duties under the supervisor, will be prima facie evidence of said supervisor.

Any person transporting, taking, driving, or operating any motor vehicle, tool, draft animal or machine on posted and enclosed land, without the permission of the land owner, but with consent of the owner of the motor vehicle, tool, draft animal, or machine, will be prima facie evidence with the intent of the owner of the motor vehicle, tool, animal draft, or machine to cause the act of trespassing. This does not apply to any employee or official of the state, county, or other governmental agencies that are authorized to enter these lands. Illegal dumping of any type of litter or waste is also prima facie evidence of intent to commit trespassing.

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