Criminal Trespass: Defined, Punished, Defenses

(a)A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any habitable property or any building or any motor vehicle. An offense under this Subsection is a misdemeanor if it is committed in a dwelling or motor vehicle. Otherwise it is a petty misdemeanor.

(b)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:

(1)actual communication to the defendant;

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

(3)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 or a peace officer. Otherwise it is a violation.

(c)It is an affirmative defense to prosecution under this Section that:

(1)the property or building involved in an offense under Subsection

(a)was abandoned;

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

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