看了网上的评论, 似乎很多同胞对TRESPASSING的认识很少, 所以特此摘录美国田纳西州律师协会(Tennessee Bar Association)对TRESPASSING的说明. 因为时间关系, 没能找到Canadian Bar Association or Ontario Bar Association对TRESPASSING 的说明.
在加拿大也是经常可以看到 "No Trespassing" sign挂在一些建筑物上.
[ What Is Trespassing?
"Trespassing" is a legal term that can refer to a wide variety of offenses against a person or against property. In this tape, we are going to talk only about "trespassing" as it relates to going onto someone's land without consent.
Technically, a person violates the law against trespassing by knowingly going onto someone else's land without consent. "Knowledge" may be inferred when the owner (or the owner's representative) tells the trespasser not to go on the land or when the land is fenced in a manner that suggests that intruders should stay out or there is a "no trespassing" sign in an obvious place.
A trespasser will probably not be prosecuted if the land was open to the public when the trespasser originally entered the land and the trespasser's conduct did not substantially interfere with the owner's use of the property and the trespasser left on request.
Violating this law is a Class C misdemeanor.
The more serious crime of "aggravated criminal trespass" combines trespassing with conduct that would cause fear for someone's safety. This is a Class B misdemeanor. If the "aggravated criminal trespass" is committed in a house or a hospital or a school, it is a Class A misdemeanor.
If a trespasser drives or parks a motor vehicle (including a motorcycle or ATV) on private property reserved for customers or employees of a business and refuses to leave when asked, the trespasser has committed a Class C misdemeanor. This rule applies regardless of whether the business posted a sign warning against trespassing.
Regardless of whether a crime has been committed, a property owner can resort to the law to prevent trespassing. If someone makes a habit of trespassing, the property owner may ask the court to order the trespasser to get off the property and to stay off. If the trespasser causes damage to the owner's property, the owner may also sue for damages. ] |