Criminal trespass
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly
or intentionally enters the real property of another person after
having been denied entry by the other person or that person's
agent;
(2) not having a contractual interest in the property, knowingly
or intentionally refuses to leave the real property of another
person after having been asked to leave by the other person or
that person's agent;
(3) accompanies another person in a vehicle, with knowledge
that the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's
consent;
(5) not having a contractual interest in the property, knowingly
or intentionally enters the dwelling of another person without
the person's consent; or
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Class D felony if it is committed on a scientific research
facility, on school property, or on a school bus or the person has a
prior unrelated conviction for an offense under this section
concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of
this section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a
manner that is either prescribed by law or likely to come to the
attention of the public.
(c) Subsections (a) and (b) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
performance of official duties.
(3) A law enforcement officer, firefighter, or emergency
response personnel while engaged in the performance of official
duties.
(4) A person going on railroad property in an emergency to
rescue a person or animal from harm's way or to remove an
object that the person reasonably believes poses an imminent
threat to life or limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at
a private crossing site approved by the railroad carrier to obtain
access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier
to go on specified railroad property.
(8) A representative of the Indiana department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration
while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety
Board while engaged in the performance of official duties.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.43; P.L.151-1989, SEC.12; P.L.242-1993, SEC.2;
P.L.164-1993, SEC.11; P.L.1-1994, SEC.168; P.L.259-1999, SEC.3.
Last modified: May 24, 2006