Minneapolis, MN asked in Criminal Law for Minnesota

Q: Can I be charged with trespassing if we were only there shortly and didn't use an facilities and had thought it was fine

My friend was dog sitting for there brother (she is not a resident there) and he left a note saying we could use the pool. We got there and there was a no trespassing sign, we had to be with a resident to enter. We went in but I was anxious about the sign so we left soon after we entered. We did not use the pool or any facilities. This happened earlier today so nothing has happened yet but I have been really anxious about if they could charge us and there being serious consequences.

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Sometimes people are charged with crimes that they should not be charged with. Trespassing can be a crime, but it is rarely charged as a crime. Trespassing is when a person is on land or in a place where they do not have a right to be, including as a guest. In many contexts, we walk or are present on land or in places we do not own, based on apparent or implied license to be there. A person generally will not be trespassing unless they have clear notice that they are unwelcome there, and are specifically requested to not enter or to leave. The notice is key. The notice could be written or verbal. The more clear, obvious, repeated the notice, the more we are going to expect the person given the notice to be aware of it. Often when a private business asks a person to leave (verbal notice), and the person does then leave, there will be no trespass on that occasion -- but if that person returns (after having been warned to stay away) then the owner may ask police for help.

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