Criminal Trespass

Trespass is a general law concept which involves the person being on property that the person is not authorized to be on.  Criminal trespass incorporates that concept.

Under Georgia law, criminal trespass can include a number of different actions that will run afoul of the law.

A person commits the offense of criminal trespass

  • when he or she knowingly and without authority:
    • Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
    • Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
    • Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart

or

  • when he or she intentionally
    • damages any property of another without consent of that other person and
    • the damage thereto is $500.00 or less or 
    • knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person

or

  • when he or she intentionally
    • defaces,
    • mutilates, or
    • defiles
    • any grave marker, monument, or memorial to one or more deceased persons who served in the military service of
      • this state,
      • the United States of America or any of the states thereof, or
      • the Confederate States of America or any of the states thereof, or
      • a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of
        • this state,
        • the United States of America or any of the states thereof, or
        • the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

Criminal trespass is a misdemeanor punishable by up to 12 months incarceration and up to a $1,000 fine.

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