MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 221.2. Criminal Trespass.

 (1) Buildings and Occupied Structures.  A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any building or occupied structure, or separately secured or occupied portion thereof.  An offense under this Subsection is a misdemeanor if it is committed in a dwelling at night.  Otherwise it is a petty misdemeanor.

 (2) Defiant Trespasser.  A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

  (a) actual communication to the actor;  or

  (b) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;  or

  (c) fencing or other enclosure manifestly designed to exclude intruders.

 An offense under this Subsection constitutes a petty misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person.  Otherwise it is a violation.

 (3) Defenses.  It is an affirmative defense to prosecution under this Section that:

  (a) a building or occupied structure involved in an offense under Subsection (1) was abandoned;  or

  (b) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises;  or

  (c) the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.