Phoenix, AZ asked in Criminal Law, Real Estate Law and Municipal Law for Arizona

Q: When encountering a no trespassing sign does the act of trespass begin after passing the sign or before

if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk waiting for a local soup kitchen to open (The property is gated with a No trespassing sign on the fence) are you still guilty of trespass? does simply sitting on the sidewalk in front of said property constitute a crime?

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there is an obvious physical barrier on the property line and the sign is further onto the property, it is possible to trespass before reaching the sign if there is an obvious demarcation line to indicate where the property not to be trespassed begins.

I hope that helps!

1 user found this answer helpful

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