united-states england-and-wales any-jurisdiction
In what jurisdictions is trespassing a criminal matter?
<p>In England trespass in itself is an entirely civil matter, but in the US it is apparently a crime. What other jurisdictions treat the fact of having improperly tread on another’s property as a crime?</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>The <em>Criminal Code</em> makes it a summary offence to trespass at night (<a href="https://Every%20person%20who,%20without%20lawful%20excuse,%20loiters%20or%20prowls%20at%20night%20on%20the%20property%20of%20another%20person%20near%20a%20dwelling-house%20situated%20on%20that%20property%20is%20guilty%20of%20an%20offence%20punishable%20on%20summary%20conviction." rel="nofollow noreferrer">s. 177</a>)</p>
<blockquote>
<p>Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.</p>
</blockquote>
<p>And various provincial statutes make it a &quot;regulatory&quot; or &quot;public-welfare&quot; offence to trespass (e.g. <a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18003" rel="nofollow noreferrer"><em>Trespass Act</em>, R.S.B.C. 2018, c. 3</a>, s. 2; <a href="https://nslegislature.ca/sites/default/files/legc/statutes/protect.htm" rel="nofollow noreferrer"><em>Protection of Property Act</em>, R.S.N.S. 1989, c. 363</a>, s. 3(1)).</p>

<blockquote>
<p><em>In England trespass in itself is an entirely civil matter.</em></p>
</blockquote>
<p>This has exceptions. This site by <a href="https://www.claims.co.uk/knowledge-base/land-law/trespass" rel="nofollow noreferrer">claims.co.uk</a> says</p>
<blockquote>
<p><strong>Criminal trespass</strong></p>
<p>Since 2012, it is a criminal offence to trespass in residential property, effectively criminalising squatting. Under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 it is an offence for someone to be in a residential building as a trespasser, having entered as a trespasser; and that person knows or ought to know that they are a trespasser; and they are living in the building or intend to live there for any period.</p>
<p>The police have powers to permit forced entry and arrest for this offence. On conviction, an individual may be jailed for up to 51 weeks, or receive a fine up to level 5.</p>
</blockquote>
<HR>
<p>As for the 'travelling community' setting up on public or private land, this article in the <a href="https://commonslibrary.parliament.uk/research-briefings/sn05116/" rel="nofollow noreferrer">UK House of Common Library</a> states:</p>
<blockquote>
<p>Section 61 of the CJPO Act enables senior officers to direct those in an unauthorised encampment to leave land if they are in an encampment that consists of six or more vehicles...</p>
<p>... Failure to comply with a police direction to leave is an offence.</p>
</blockquote>
<p>This is why most trespassing encampments rarely consist of more than 5 caravans.</p>

<p>Trespass is indeed a criminal offense in every U.S. jurisdiction of which I am aware, in addition to being a tort that can be enforced in a lawsuit without involving the criminal justice process.</p>
<p>For example, in Colorado, which is typical, trespass can be: <a href="https://www.shouselaw.com/co/defense/laws/trespassing/1st-degree/" rel="nofollow noreferrer">first-degree trespassing</a> (Colo. Rev. Stat. § 18-4-502), <a href="https://www.shouselaw.com/co/defense/laws/trespassing/2nd-degree/" rel="nofollow noreferrer">second-degree trespassing</a> (Colo. Rev. Stat. § 18-4-503), or <a href="https://www.shouselaw.com/co/defense/laws/trespassing/3rd-degree/" rel="nofollow noreferrer">third-degree trespassing</a> (Colo. Rev. Stat. § 18-4-504). As noted in the final link above:</p>
<blockquote>
<p>Colorado Revised Statute § 18-4-504 defines third-degree trespass as
unlawfully entering or remaining on another’s property that is not
enclosed or fenced. Third-degree trespass is typically a Colorado
petty offense, carrying up to 10 days in jail and/or a fine of up to
$300.</p>
</blockquote>
<p>First and second degree trespass involves different kinds of property and aggravating factors.</p>
<p>Many countries in Europe have a &quot;<a href="https://en.wikipedia.org/wiki/Freedom_to_roam" rel="nofollow noreferrer">right to roam</a>&quot; which legalizes, and immunizes people doing it from civil and criminal liability, what is called &quot;third-degree trespassing&quot; in Colorado, but not trespassing in buildings or fenced or enclosed areas. But, in Colorado, the right to roam is limited to travel on rivers and streams and lakes when you do not touch the steam bed or lake bed (i.e. the &quot;<a href="http://lawreview.colorado.edu/wp-content/uploads/2013/11/10.-Helton-FINAL_s.pdf" rel="nofollow noreferrer">right to float</a>&quot;) established in the state constitution. As Wikipedia explains at this link:</p>
<blockquote>
<p>In Scotland, Finland, Iceland, Norway, Sweden, Estonia, Latvia,
Lithuania, Belarus, Austria, the Czech Republic and Switzerland, the
freedom to roam takes the form of general public rights which are
sometimes codified in law. The access is ancient in parts of Northern
Europe and has been regarded as sufficiently fundamental that it was
not formalised in law until modern times. However, the right usually
does not include any substantial economic exploitation, such as
hunting or logging, or disruptive activities, such as making fires and
driving offroad vehicles.</p>
</blockquote>
<p>In the Western United States, the lack of a right to roam is mitigated by the fact that a very large percentage of all land is publicly owned. A majority of land is federal land in Nevada, Utah, Idaho, Alaska, and Oregon. None federal public lands probably tip this over to a majority in Wyoming and California as well.</p>
<p>For example, a large share of cattle grazing is done on public lands for which ranchers rent grazing rights, rather than on private lands, so it is not trespassing to enter onto that land. The map below shows the percentage of federal land in each state, but omits state and local and Indian Reservation public lands.</p>
<p><a href="https://i.stack.imgur.com/4yoJ5.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/4yoJ5.png" alt="enter image description here" /></a></p>
<p>(<a href="https://wisevoter.com/state-rankings/federal-land-by-state/" rel="nofollow noreferrer">Source</a>)</p>
<p>There is very little public land, in contrast, in all but a few states in the Eastern United States.</p>
