trespassing crime

Trespass in the First Degree:

A person commits the crime of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a building.

To be convicted of the crime of criminal trespass in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt by the prosecution:
  • That on or about (date), the defendant knowingly entered or remained in a building;
  • That the defendant knew that the entry or remaining was unlawful; and
  • That this act occurred in the State of Washington __________________[City of ]__________________[County of ].

Criminal trespass in the first degree is a Gross Misdemeanor, punishable up to 364 days of jail and a $5,000 fine.

Trespass is the Second Degree:

A person commits the crime of criminal trespass in the second degree when he or she knowingly enters or remains unlawfully in or upon premises of another.

To be convicted  of the crime of criminal trespass in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt by the prosecution:
  • That on or about (date), the defendant knowingly entered or remained in or upon the premises of another [under circumstances not constituting criminal trespass in the first degree];
  • That the defendant knew that the entry or remaining was unlawful; and
  • That this act occurred in the [State of Washington][City of ][County of ].

Criminal Trespass in the second degree is a Misdemeanor, punishable up to 90 days in jail and $1,000 fine

Specific Defenses to Criminal Trespass:

  • A building involved in an offense was abandoned; or
  • The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
  • The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain; or
  • The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

Malicious Mischief  in the Third Degree

A person is guilty of malicious mischief in the third degree if he or she:

  • Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
  • Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

Malicious mischief in the third degree is a gross misdemeanor, punishable up to 354 days of jail and a $5,000 fine. Malicious mischief in the third degree arraignment cannot be waived. Mandatory appearances 

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