Criminal Trespassing
Under Arkansas Statute 5-39-203, criminal trespassing occurs when a person unlawfully enters either someone's property or vehicle. Such an offense is a Class C misdemeanor. However, the crime is considered a Class B misdemeanor, which is more severe, if the vehicle is used as a residence, such as a motor home or RV, or the property is or could be lived in.
Additionally, according to 5-39-305, a person can also commit criminal trespassing in vacant or undeveloped land located just outside a town or city boundary line. If the land is designed for crops or is surrounded by fencing, a person can only enter with the owner's written consent. Any violation is a Class C misdemeanor, unless the land is clearly marked with 'Keep Out' or 'No Trespassing' signs. In that case, the trespass is a Class B misdemeanor. (Reference 4)
Punishment
If a person is found guilty of criminal trespassing as a Class C misdemeanor, he may face up to 30 days in jail. A court may also order a fine in addition to the jail sentence. As of July 1, 2009, the maximum fine for a Class C misdemeanor was raised from $100 to $500.
If the trespass is a Class B misdemeanor, a guilty person faces up to 90 days in jail. The maximum fine also increased on July 1, 2009, going from $500 to $1,000.
Defenses
Arkansas' code does include several defenses to criminal trespassing. If a person can prove one of the defenses permitted under 5-39-305(c), he will be found not guilty. Applicable defenses include: the accused was the owner's invited guest, with permission to be on the property; the property was public land or private land open for public use; the accused was on the property to conduct legitimate business or to protect public health or public safety; or the accused entered the land accidentally and was not aware he was trespassing.
Read more: Criminal Trespassing Laws in Arkansas | eHow.com
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