Created by FindLaw's team of legal writers and editors | Last reviewed August 24, 2018
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It's illegal for individuals to enter someone else's property without permission. This is typically considered to be trespassing and can be penalized civilly or criminally. Often, this offense is charged as "criminal trespassing." However, not all jurisdictions use this term. For instance, "unlawful entry" is the term used in Washington, D.C. to describe an illegal entrance or unlawful lingering on the property of another.
If you're found in any private dwelling, building, or other property that is boarded-up, vacant, or otherwise secured in a way to convey vacancy or there are "No trespassing" signs, your presence alone is enough evidence to prove that you were trespassing in the District of Columbia. Thus, you can be charged with unlawful entry.
Due to the complexity of statutory language, it's helpful to refer to a plain language guide to statutes when it's time to unpack the law. The chart below provides an easy-to-follow explanation of the District of Columbia's theft laws.
Statutes |
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Elements of Unlawful Entry
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Private Property Unlawful Entry An individual (without legal authority) who enters, attempts to enter, or remains on private property (a private dwelling, building, or other property) against the will of the lawful occupant or of the person lawfully in charge of the property can be charged with this misdemeanor offense. "Private dwelling" includes a privately owned:
Public Property Unlawful Entry An individual (without legal authority) who enters or attempts to enter any public building or other property against the will of the lawful occupant or of the person lawfully in charge of the property or remains on the property against the will of the owner or lawful occupant, can be charged with this misdemeanor. |
Possible Penalties |
If the property involved is private, then the offense is punishable for up to 180 days in jail and/or fines up to $1,000. If the property involved is public, then the offense is punishable by 6 months in jail and/or fines up to $2,500. |
Related Offenses |
D.C. Code: |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Violating Washington, D.C.'s unlawful entry and trespass laws means dealing with a misdemeanor offense. However, these charges can still result in a conviction which can lead to some jail time. This is why you should consider discussing your case with an experienced criminal attorney who can mount a persuasive defense on your behalf.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many District of Columbia attorneys offer free consultations.