Criminal Trespassing – MCL 750.552
Here in the State of Michigan it is a misdemeanor if an individual is convicted of criminal trespassing. Criminal Trespassing is a 30-day misdemeanor if convicted, meaning the individual could spend 30 days in the county jail and/or be fined $250.00. MCL 750.552. This may not be the most severe criminal charges; however, criminal trespassing is still nonetheless a crime here in Michigan. This means that an individual, if convicted, will have a criminal record.
In order to be convicted of criminal trespassing, MCL 750.552, the state or prosecutor must prove (beyond a reasonable doubt) that the individual charged had
- Entered the lands or premises of another without lawful authority and after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant;
- Remained without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant; or
- Entered or remained without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. It is important to note that the factual basis for a criminal trespassing charge under this specific provision does not require a request to leave the premises nor does it not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
Again, as it becomes apparent after a careful reading of the above statutory requirements to prove a criminal trespass charge, an individual prosecutor does not require much in order to obtain a conviction under a criminal trespass charge. Essentially, the individual must have entered the land of another and been told to leave or provided with a lack of authority to enter in the first place. This is the crux of a criminal trespassing charge, meaning that simply entering a land of another does not fulfill criminal trespassing. Something more needs to be included, which is the rejection of authority to enter either before or after the entry has occurred. It will be at that time that a criminal trespasings charge can maintain water within a criminal court of law.
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