What is defiant trespass?

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dano7744's profile pic

dano7744 | College Teacher | (Level 2) Educator

Posted on

The term trespass in the broader sense means an unlawful act against a person, property, or right of another. It is more commonly used as an act of wrongful intrusion on the land or premises of another. Defiant trespass is a bit more specific in that it is when a person remains in a place, land or otherwise, where he is not privileged to remain after notice of trespass has been given by someone who has the authority to give said notice. To be guilty of defiant trespass, the offender must have been given notice either by mouth (spoken word), signage, or fencing specifically designed to exclude intruders.

It is uncommon that the crime of trespass is the only infraction the offender is guilty of. Usually, other crimes are included with a charge of trespass. Defiant trespass is a misdemeanor.

pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

In legal terms, defiant trespass is more or less what we would normally think of as just plain trespass.  That is, defiant trespass is when one person goes into a place where he or she is not allowed to be.  The only other important rule here is that the place must be clearly marked as off limits.  That means that defiant trespass occurs when a person enters some place without permission when they clearly should have known (because of signs or because they had been specifically told) that entrance is prohibited.

Please refer to the link for more information.

jerkman's profile pic

jerkman | Student, Grade 11 | (Level 1) Honors

Posted on

Trespass (properly to go beyond, from Lat. trans, "across" + passus, "act of going from place to place"; French outrepasser is from Latin ultra = "beyond" + passus) is a legal concept, which refers to intrusion into another person's property. ...
en.wikipedia.org/wiki/Defiant_trespass

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