Most people understand the general definition of trespassing: being on someone else’s property without permission. While that is true, each state has slightly different definitions. In North Carolina, some types of trespassing crimes are more serious and charged as felonies.
North Carolina’s Trespassing Definition
The Tar Heel State further defines trespassing as a perpetrator intentionally entering the property without permission. That is a simple enough starting point, but then the specific changes determine the level of the offense. The state statute can be found here in North Carolina Trespassing Laws.
Classifications for Criminal Trespassing
The type of property trespassed, and whether it is secured, also factors into which trespassing charge is applied. The laws identity circumstances that categorize trespassing as a misdemeanor or a felony.
Misdemeanor Trespassing
First Degree Misdemeanor. This Class 2 misdemeanor requires that the person enters the building of another or comes onto another’s property that has been enclosed or secured by a fence or some other means. The penalties for this degree of trespassing are a maximum of 60 days in jail and a $1,000 fine. If the trespass is at a utility, like an electric or public water supplier, the charge is still first degree but elevated to an A1, punishable by up to 150 days in jail and the judge determines the fine.
Second Degree Misdemeanor. This trespassing occurs when the person stays on the property after being asked to leave or if they enter the property despite posted “No Trespassing” or other similar signs. If convicted, a second-degree trespass is a Class 3 misdemeanor, accompanied by a $200 fine and 20 days in jail.
Domestic Criminal Trespassing. When a former partner enters the property of their ex and refuses to leave, they can be charged with domestic criminal trespassing. Certain elements must be present for such a charge and the complainant must prove that they have been living separately and that the perpetrator had been asked to leave or court-ordered to stay away from the property. This is a Class 1 misdemeanor, and the judge has discretion on the amount of fine imposed.
New Offenses Added to Misdemeanor Trespassing
When cases and deaths related to COVID-19 began to rise, many states and local jurisdictions did something they had never done before: instituted a mask mandate. North Carolina was one of them. For the first time, residents were required to wear a mask when going to the grocery store or taking care of other errands. Gov. Roy Cooper issued an executive order that not only required masks but also set in motion a means for enforcement.
A business can file a trespassing complaint if a customer refuses to wear a mask while remaining on the property. This is a Class 2 misdemeanor, which carries a $1,000 fine and up to 60 days in jail.
While most mandates have been lifted, Gov. Cooper recently extended the mandate through July 2021 in certain higher-risk settings such as on public transportation, health/medical centers, and childcare facilities. Individual businesses may still require masks if they choose.
Felony Trespassing
While many trespassing charges are misdemeanors, there are circumstances that will result in a felony charge. The possible jail sentence ranges widely depending on the felony type, and judges have discretion on how much fine to impose.
Aggravating circumstances for felony trespassing include the following:
- If the trespass occurs at a safe house for domestic violence victims and the perpetrator is armed with a deadly weapon, they can be charged with a Class G felony, which is punishable by up to 47 months in jail.
- Trespass on a utility company can be charged as a Class H felony if the trespasser’s intent was to disrupt the normal operations of the facility and their actions put others in danger of serious bodily injury. This offense can result in a sentence of 39 months in prison.
- A Class I felony is applicable if the trespasser returned to the property after being removed by an official order or if the person provided fake evidence of ownership to access the property. It is punishable by up to 12 months in prison.
- The Class A1 misdemeanor charged for trespassing on a utility becomes a Class H felony if there is intent to disrupt the normal operation of any of the facilities or if it places anyone on the premises at risk of serious bodily injury. Penalties include up to 25 months in jail.
- Breaking or entering is a type of trespassing that, depending on the situation, could be charged as a Class D, E, G, or H felony. This trespassing involves breaking into a home or building with the intent to commit another crime. The most serious, D felony, carries up to 160 months in jail.
Adverse Possession
There are circumstances where a “trespasser” gains ownership of a property that isn’t theirs. This is called adverse possession and is like squatter’s rights. In North Carolina, the trespasser occupies the property as if they were the owner for 7 to 20 years, depending on various factors. Additional circumstances need to be present for someone to acquire property through this means. The law applies to more than just a home. For example, cutting timber on someone’s property can also fall under adverse possession. Adverse possession cannot be used on public land.
Legal Consequences of Criminal Trespassing
All trespassing convictions remain on your criminal record, which can affect your ability to get a job or housing. You do not want to risk representing yourself. If you are facing criminal trespassing charges, our lawyers can help you understand how the law applies to your situation and design a targeted defense to fight the charges.
Call Jetton & Meredith at (704) 931-5535 or use our online contact form to schedule an appointment.