Which offense best fits entering or remaining on someone else’s property after being told to leave by signs or law enforcement?

Which offense best fits entering or remaining on someone else’s property after being told to leave by signs or law enforcement?

• A. Disorderly Conduct
• B. Burglary
• C. Trespass 2nd
• D. Disturbing the Peace

Answer: (C)

This question tests the element of trespass: entering or remaining on someone else’s property after being told to leave. A sign or law enforcement notice serves as a clear indication that the property owner or authorities do not want you there. If you ignore that notice and stay on the property, you’ve committed trespass, specifically the second-degree level described here. Burglary requires entering a building with the intent to commit a crime inside; simply staying after being asked to leave does not involve intent to commit a crime inside. Disorderly conduct and disturbing the peace focus on causing a disturbance or annoyance, not on being present on private property after a lawful tell-to-leave.

This question tests the element of trespass: entering or remaining on someone else’s property after being told to leave. A sign or law enforcement notice serves as a clear indication that the property owner or authorities do not want you there. If you ignore that notice and stay on the property, you’ve committed trespass, specifically the second-degree level described here.

Burglary requires entering a building with the intent to commit a crime inside; simply staying after being asked to leave does not involve intent to commit a crime inside. Disorderly conduct and disturbing the peace focus on causing a disturbance or annoyance, not on being present on private property after a lawful tell-to-leave.