Understanding Pennsylvania's Criminal Trespass Law: A Comprehensive Overview for Hunters and Landowners
If you will be hunting in Pennsylvania or if you own land in Pennsylvania, it is important to understand our state’s trespass law. For years, I have watched never-ending online squabbles over what the law is and isn’t. Some are experienced hunters and others are even law enforcement officers who make false claims about the law because “that’s how it’s always been done.”
Before going to law school, I hunted my whole life, deer, turkey, small game, etc., doing my best to avoid getting in trouble for a law I didn’t even know. “Can I get arrested for accidentally going on private property?” “If I find someone on my property that should not be there, what can I do?”
That’s why I found it necessary to write this article; to explain the PA trespass law so that all sportsmen and landowners understand the ground rules.
INTRODUCTION
If you buy and pay taxes on a solid piece of hunting land, you should be able to have it all to yourself? Right? Right. Pennsylvania's criminal trespass law Title 18 § 3503 et seq. plays a crucial role in protecting the rights of property owners. It defines the boundaries of acceptable behavior on private property and outlines the consequences for those who violate these boundaries.
WHAT IS CRIMINAL TRESPASS?
Generally, criminal trespass occurs when an individual enters or remains on another person's property without permission. That said, Pennsylvania law distinguishes between different degrees of criminal trespass based on the circumstances of the offense.
DEGREES OF CRIMINAL TRESPASS
For hunter knowledge purposes, we will not be addressing building trespasses, but merely a simple trespass, a defiant trespass, and an agricultural trespass[1] as set forth in the PA trespass law.
I. Simple Trespasser
Let’s start with how PA defines a Simple Trespasser. To become a simple trespasser, you must, without “license[] or privilege to do so,”…“go onto a property with for the purpose of:
(i) threatening or terrorizing the owner or occupant of the premises;
(ii) starting or causing to be started any fire upon the premises;
(iii) defacing or damaging the premises; or
(iv) (unlawfully taking secondary metal from the premises.
18 Pa.C.S. § 3503(b.1). (Emphasis Added.).
Note the “for the purpose of” language and let’s do an exercise to better understand the statute. You go onto another person’s property that it is not posted. Does this mean you are a simple trespasser? Under the statute, probably not. Unless you came there to damage the property, set it on fire, or harass the owner, you are not committing any crime.
Where I think people get confused is that you are still trespassing, just not in the criminal sense. You may still be sued for civil trespass which just requires, regardless of intent, that one is on a property they do not own. Awards for civil trespass (if no property damage) can be as low as is $1.00 for “nominal damages” and, depending on the jury and state, punitive damages may or may not be awarded. [2]
It is hard to be a simple trespasser if you are simply trying to hunt because you have to know that you are not supposed to be on the property and you have to go onto someone else’s property with the intent to harass the owner or damage property. I have never seen anyone do that in my two decades of hunting experience. But, if you are somehow facing simple trespasser charges, you probably have more serious charges to deal with.
II. Defiant Trespasser
Now for example, if the landowner sees you on the property (even if you are not a simple trespasser) and tells you to leave, you must leave or else you will be committing a criminal trespass, a defiant trespass, which has much more serious criminal ramifications.
The current defiant trespass statute reads:
Criminal Trespass - Defiant Trespasser (Title 18 § 3503(b)): A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed to exclude intruders. (Emphasis Added).
The defiant trespass language includes a “notice” requirement that, on top of someone telling one person to leave a property, notice can also be a properly posted property and certain fences. Properly posting the property can now be done via PA’s Purple Paint Law that merely requires markings of purple paint, at least 3 feet from the ground and 8x1” in size be no more than 100 feet apart. See, 18 Pa.C.S. § 3503(b)(vi). You can still use “POSTED” signs to accomplish the same. Then, any person on a property will be properly noticed under the law, and if they are on a property without permission, they are a defiant trespasser.[3]
If there is still any confusion as to a general rule for either simple or defiant trespass, the Supreme Court of Pennsylvania ruled in Commonwealth v. Carter that PA’s criminal statute has a scienter requirement that requires knowledge of wrongdoing for the criminal trespass statute to apply. 482 Pa. 274, 277 (Pa. 1978) (Emphasis Added). As we have discussed, per the PA law, “knowledge” is the intent to cause harm as in simple trespasser, or “notice” (posting property or a demand to leave) as to a defiant trespasser.
Criminal Penalties
Okay, so now we have a decent grasp on what criminal trespass is, what are the punishments for each degree of trespass? Generally, they may include fines, probation, community service, or imprisonment. The severity of the punishment is often determined by factors such as prior criminal history and the presence of aggravating circumstances. Even still, per the black letter law:
· Defiant Trespasser (Title 18 § 3503(b)): This is a misdemeanor of the third degree, punishable by up to one year in prison and a fine of up to $2,500.
· Simple Trespasser (Title 18 § 3503(b.1)): This offense is categorized as a summary offense, resulting in fines and potential imprisonment for up to 90 days.
· Agricultural Trespasser (Title 18 § 3503(b.2)): Agricultural trespass is a summary offense, with penalties similar to those for simple trespassing.
CONCLUSION
Understanding Pennsylvania's criminal trespass law is essential for landowners to enforce their property rights and for hunters to avoid unintentional violations and legal consequences. By respecting the rights of property owners and adhering to the boundaries set by the law, hunters can contribute to a safer and more enjoyable hunting season without having to worry about being dragged into court. If unsure about the legality of entering a property, seeking permission from the owner or responsible party is always the best plan.
If you still have questions about the law or are facing a criminal or civil trespass issue, contact an attorney at The Skeen Firm.
[1] An Agricultural Trespasser pertains specifically to entering agricultural or other lands used for crop or livestock and has substantially similar requirements as a defiant trespasser. See, Title 18 § 3503(b.2) Therefore, agricultural trespass will not be discussed at length.
[2] A good read on civil trespass damages was penned by the Wisconsin Supreme Court in Jacque v. Steenberg Homes, Inc., 209 Wis. 2d 605, 609 (Wis. 1997). (Not binding law in PA).