When a person is on another person’s property without permission, it is generally in the service of committing a crime, like burglary. This is not always true - but even when it is not, you may still be on the proverbial hook for the crime of criminal trespass. It is important that you understand your or your child’s entry onto private land may still rise to the level of criminality, and if it does, to react accordingly.
Three Degrees of Trespass
There are three degrees of criminal trespass under Connecticut law, and all hinge on the issue of intent. If you specifically ignore an explicit communication advising you that you are trespassing (or will be if you enter the land), but you enter or refuse to leave regardless of that fact, you will be charged with first-degree criminal trespass, which is a class A misdemeanor, punishable by up to a year in jail, plus a fine of up to $2,000 and court costs. Second-degree trespass does not involve any kind of explicit communication and is a class B misdemeanor, and third-degree trespass deals only with those caught entering onto private land to hunt or fish, which is a class C misdemeanor.
It can be easy to confuse criminal trespass with burglary, as both require entry onto someone else’s land without express permission. However, in order to be charged with burglary, you must not only enter onto the land; you must enter into a “building” or a “dwelling” with the specific intent to commit a crime. Criminal trespass does not require the intent to commit a crime - only the intent to remain on the land. The distinction is fine, but it is quite important, given that the minimum sentence for burglary is equivalent to the maximum sentence for criminal trespass....