(A) Criminal entry.
(1) A person is guilty of the general misdemeanor of criminal entry if, without authority, he or she knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or separately secured or occupied portion of those enclosures.
(2) It is an affirmative defense to prosecution under this division (A) that:
(a) The entry was made because of a mistake of fact or to preserve life or property in an emergency;
(b) The enclosure was abandoned;
(c) The enclosure was at the time open to the public and the person complied with all lawful conditions imposed on access to or remaining in the enclosure; or
(d) The person reasonably believed that the owner of the enclosure, or other person empowered to license access to the enclosure, would have authorized him or her to enter.
(B) Criminal trespass. A person is guilty of the general misdemeanor of criminal trespass if he or she enters or remains on or in the land or premises of another person, knowing he or she is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this division (B), notice is given by:
(1) Personal communication to the person by the owner or occupant, or his or her agent, or by a peace officer;
(2) Posting of signs reasonably likely to come to the attention of intruders; or
(3) Having the personal property fenced or otherwise identified as private property.
(C) Penalty. Any violation of this section is a misdemeanor and upon conviction punishable by the provisions of § 1-4-1.
(Prior Code, § 6-4B-4) (Ord. 2024-01, passed 4-4-2024)