635:2 Criminal Trespass

Last revised 1971 § Leave a Comment

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.

III. Criminal trespass is a misdemeanor if:

  • (a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
  • (b) The person knowingly enters or remains:
    • (1) In any secured premises;
    • (2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
    • (3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
  • IV. All other criminal trespass is a violation.

    V. In this section, “secured premises” means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

    VI. In this section, “property,” “property of another,” and “value” shall be as defined in RSA 637:2, I, IV, and V, respectively.

    Revisions

    1971, 518:1. 1979, 377:7. 2005, 125:1, eff. Jan. 1, 2006.

    Area of Law

    Source

    http://www.gencourt.state.nh.us/rsa/html/LXII/635/635-2.htm

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