Unlawful Trespass

  • CR28-851.  Land, 13 V.S.A. § 3705(a) (03/03/06)
  • CR28-861.  Locked Building, 13 V.S.A. § 3705(c) (03/03/06)
  • CR28-871.  Dwelling House, 13 V.S.A. § 3705(d) (03/03/06)

Reporter’s Note

CR28-851 – Unlawful Trespass (Land). The fourth essential element requires proof that the defendant had received notice against trespass. “[T]he statute allows notice to be proven with objective evidence of reasonable notice through signage and without showing that a defendant subjectively saw and understood the signs.” State v. Pixley, 2018 VT 110, ¶ 13. The instructions given in Pixley “properly directed the jury that it could find defendant received notice ‘if the owner, or the owner’s agent posted signs or placards that were designated and situated in a manner that provided reasonable notice,’” and thus “accurately reflected the notice element . . . .” Id. ¶ 16.

CR28-871 – Unlawful Trespass (Dwelling House). The unlawful trespass statute, 13 V.S.A. § 3705(d), derives from the Model Penal Code. State v. Fanger, 164 Vt. 48, 52 (1995) (citing State v. Kreth, 150 Vt. 406, 409 (1988); Model Penal Code § 221.2(1)). The third essential element requires proof of the defendant’s subjective knowledge that he or she was neither licensed nor privileged to do so. This element may be satisfied by circumstantial evidence. State v. Cram, 2008 VT 55, ¶¶ 7–13, 184 Vt. 531 (mem.).

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