RE: How to deal with tresspassers??
Here is the statue for Pennsylvania. Your state will differ
ยง 3503. Criminal trespass.
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or
surreptitiously remains in any building or occupied
structure or separately secured or occupied portion
thereof; or
(ii) breaks into any building or occupied structure
or separately secured or occupied portion thereof.
(2) 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.
(3) 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.--
(1) 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:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or
reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed
to exclude intruders;
(iv) 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
(v) 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.
(2) 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.--
(1) 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:
(i) threatening or terrorizing the owner or occupant
of the premises;
(ii) starting or causing to be started any fire upon
the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a
summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is
not licensed or privileged to do so he:
(i) 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
(ii) 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.
(2) An offense under this subsection shall be graded as
follows:
(i) 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.
(ii) An offense under paragraph (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.
(3) 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:
(1) a building or occupied structure involved in an
offense under subsection (a) of this section was abandoned;
(2) 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
(3) 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.
(June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995,
P.L.334, No.53, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. imd.)