Second-Degree Trespass in Wake County North Carolina

As a property owner, an individual is generally considered to be the master of their land. As such, they typically control who is allowed access to their property. Trespassing offenses are crimes that prevent a landowner from fully enjoying their property due to unauthorized individual gaining access to their property. As a society, there is a public policy interest in giving landowners a criminal means of preventing trespassers and deterring individuals from wandering onto another person’s property.

We have listed below an outline to the elements required for the offense of 2nd degree trespass and the potential punishments an individual faces upon conviction. In order for the State to convict an individual of any of the trespassing offenses, the State must prove each element of the offense beyond a reasonable doubt. 

The Law Offices of Wiley Nickel, PLLC handles Second Degree Trespassing cases in Wake County.  If you are charged with this crime in the Raleigh area you can call our office at 919-585-1486 any time for a free consultation about your case.

Elements

A person is guilty if they:

  • Without authorization
  • Enter or remain
  • On the premises of another
  • After having been notified not to enter or remain there by the owner, a person in charge of the premises, a lawful occupant, or another authorized person or
  • When the premises are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises

Punishment

If a person is guilty of second-degree trespass, they are guilty of a Class 3 misdemeanor under N.C. Gen. Stat. § 14-159.13(b).

§ 14-159.13.  Second degree trespass.

  • (a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
    • (1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
    • (2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
  • (b) Classification. - Second degree trespass is a Class 3 misdemeanor.