Trespassing is generally defined as going onto someone else's property without permission. Although each state has its own specific definition of criminal trespass, it usually requires that a person knowingly or intentionally enter someone else's property to be guilty of the crime. This means that accidentally going onto someone else's property isn't usually a punishable offense. However, a fence or clearly visible "no trespassing" sign can provide evidence that the person knowingly trespassed on the property. While Indiana has one statute that addresses criminal trespass, it provides various scenarios that qualify as criminal trespass.
Overview of Indiana Criminal Trespass Laws
An important step in legal research is reading the actual language of the law, but this can be harder than it sounds since laws are usually written in legal jargon that takes time to interpret. For this reason, it's helpful to also read summaries of the law in plain English as part of your research. The chart below does just that as, in addition to links to criminal trespass laws in Indiana, it also contains useful explanations that cut to the chase.
Indiana Code, Title 35, Article 43, Chapter 2, Section 35-43-2-2 (Criminal Trespass)
There are a variety of circumstances that are classified as criminal trespass in Indiana, some* of which are listed below:
- without having a contractual interest in the property, knowingly or intentionally entering someone else's real property after being denied entry;
- without having a contractual interest in the property, knowingly or intentionally refusing to leave someone else's real property after having been asked to leave;
- accompanying another person in a vehicle, knowing that the person is knowingly or intentionally exercising unauthorized control over the vehicle; or
- knowingly or intentionally interfering with the use or possession or of someone else's property without the property owner's consent.
*Please see the statute for a full list of circumstances that qualify as criminal trespass.
|Charges and Penalties
Criminal trespass is usually charged as Class A misdemeanor and punishable by up to one year of imprisonment and a fine of up to $5,000. However, the crime is charged as a felony in certain circumstances, which are listed in Section 35-43-2-2.
Indiana Code, Title 35, Article 43, Chapter 2:
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.
Indiana Criminal Trespass Laws: Related Resources
Please click on the links below to learn more information related to this topic.
Arrested for Violating Indiana Criminal Trespass Laws? Get Legal Help
Although criminal trespass is less serious on a scale of crimes, a conviction can still result in imprisonment and a criminal record. For this reason, it's a good idea to get in touch with an experienced criminal defense attorney near you if you've been charged with criminal trespass in Indiana.