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 CRFTony
 |  | Is trespassing a crime in Pennsylvania?
< on 1/7/2007 7:34 PM >
|  | | | I'm trying to do some research to see what types of trespassing laws the state of Pennsylvania has before I get too involved in UE. So far, all I've been able to find is Criminal Trespassing, which seems to only come into play if the property owners demands you leave and you refuse. That's a $300 fine.
However, I don't want to risk criminal charges and a possible jail sentence if I'm wrong, so I was wondering if any of the more experienced explorers have some additional info.
Many thanks!
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nutekk
      
Location: Central NJ
Gender: Male
| |  | Re: Is trespassing a crime in Pennsylvania?
<Reply # 1 on 1/7/2007 11:23 PM >
|  | | | federal offense to be on farmland without permission, no signs needed, and it's all part of the " homeland security act"
good luck !
cheers !
" Take only pictures, leave only footprints" |
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abandonedpa
 
Location: Pennsylvania
Gender: Male
| | Re: Is trespassing a crime in Pennsylvania?
<Reply # 2 on 1/8/2007 3:14 AM >
| | | | So far, all I've been able to find is Criminal Trespassing, which seems to only come into play if the property owners demands you leave and you refuse. That's a $300 fine.
However, I don't want to risk criminal charges and a possible jail sentence if I'm wrong, so I was wondering if any of the more experienced explorers have some additional info |
I'll be blunt, sorry if I sound harsh, if you don't want to risk criminal charges, don't explore. The way you interpreted PA law is very far from reality.
I'll summarize the laws immediately and post the laws verbatim below my signature.
Urban exploring could get you charged with criminal trespass (a felony) if you're lock picking, breaking into the building, or you enter the building through a way not meant for people to normally go through. (Hole in Wall, Broken Window, etc.) If the cop wants to push it you'll be charged with this.
9 times out of 10 in PA you'll probably be charged with Defiant Trespass. A misdeameanor of the 3rd degree. Definite fines, this will stay on your record, etc. Not quite a felony, but could cause problems on background checks. To get charged with this, just be in a fenced in area around a building (it doesn't need to be posted), or just anything that is posted in anyway.
Most cops aren't going to waste their time on a simple trespass citation (unless they are in a mood to be nice), they'll usually rack you up with Defiant Trespass.
An abandoned building is a defense from prosecution from the criminal trespass felony charge but the definition of totally abandoned doesn't typically 100% fit to the types of locations we visit. Most are posted in some manner and "legally" owned, etc.
Enjoy the laws below and if like you said you're not going to pursue exploring because of the risks, I hear croquet can be pretty fun. 
-abandonedpa-
Here's the PA laws:
§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--
A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
breaks into any building or occupied structure or separately secured or occupied portion thereof.
An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
As used in this subsection:
"Breaks into"
To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.
(b) 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:
actual communication to the actor;
posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
fencing or other enclosure manifestly designed to exclude intruders;
notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.
(b.1) Simple 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 for the purpose of:
threatening or terrorizing the owner or occupant of the premises;
starting or causing to be started any fire upon the premises; or
defacing or damaging the premises.
An offense under this subsection constitutes a summary offense.
(b.2) Agricultural trespasser.--
A person commits an offense if knowing that he is not licensed or privileged to do so he:
enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.
An offense under this subsection shall be graded as follows:
An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
An offense under paragaraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.
For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.
(c) Defenses.- It is a defense to prosecution under this section that:
a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
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
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.
(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.
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Arin Ahnell
Location: Paoli Pa, (Harrisburg Pa and Selinsgrove Pa in the past)
| |  | | Re: Is trespassing a crime in Pennsylvania?
<Reply # 3 on 2/9/2007 3:15 PM >
| | | | Hinteleter quarry, Pennsylvania.
While shooting night photography of abandoned buildings on the grounds of an abandoned quarry, a car drove past me so I walked out to it and showed the driver what I was doing, examples of my work, etc... rather than being cool about or asking me to leave he called the police. I went the court, told the judge what I was doing, and was told that I'm a smart person and should have figured out that being on the grounds was trespassing.
$400 Fine. Criminal Trespassing.
I should never have politely approached that car.
My photos didn't even come out all that great becaues I had to stop the exposure early 
[last edit 2/9/2007 3:16 PM by Arin Ahnell - edited 1 times]
www.arinahnell.com Night Photography |
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yaggy
Location: Tunnel #8
Gender: Male
| | Re: Is trespassing a crime in Pennsylvania?
<Reply # 4 on 2/9/2007 3:43 PM >
| | | | Posted by Arin Ahnell
I should never have politely approached that car.
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Hindsight is always 20/20.
You've got to assume the worst and try to avoid contact unless you're truely cornered and it's the last resort.
I think your situation was worsened by this occurring at night. The average person is not going to know what the hell "night photography" is. In their eyes, you are definately up to no good. They've seen enough movies to know people lurking around abandoned places as night are bad, bad people.
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Arin Ahnell
Location: Paoli Pa, (Harrisburg Pa and Selinsgrove Pa in the past)
| | | | Re: Is trespassing a crime in Pennsylvania?
<Reply # 5 on 2/9/2007 5:16 PM >
| | | | This is exactly why I bring sample photographs with me because absolutely no one understand what the hell night photography is.
www.arinahnell.com Night Photography |
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blackhawk
This member has been banned. See the banlist for more information.
Location: Mission Control
UER newbie
| | | Re: Is trespassing a crime in Pennsylvania?
<Reply # 6 on 2/10/2007 2:44 AM >
| | | | 99% anyone somewhere at night like that is up to no good of some kind, usually vandalizing or stealing. Sometimes a party. I take pictures, but that's what I would think too.
Prolly should have tried to bargain down to a municipal trespass charge. Many times if your not doing anything else criminal they will let you do this.
Just when I thought I was out... they pulled me back in.
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