Trespass is a legal concept that has undergone many changes over the centuries, especially in the modern era. The modern definition is an act of unlawfully entering another’s property. This includes entering without permission, even if it’s accidental, and can include entering with the occupants’ permission, but for an unlawful purpose. It is important for business professionals to understand the definitions of trespass to protect themselves, their businesses, and their employees.
Types of Trespass in Modern Law
In modern law, there are two main types of trespass; the criminal trespass and the civil trespass. Criminal trespass is illegal, while civil trespass is an action for which a tort lawsuit can be filed.
Criminal Trespass
Criminal trespass is a criminal offense, and those who commit trespass can be subject to fines and even jail sentence in some cases. Criminal trespass can be considered a misdemeanor offense, a felony offense, or even a terrorist threat. For example, in the State of California any person who enters the property of another without permission or a legal right to do so can face criminal trespass charges.
Civil Trespass
Civil trespass is a tort or a civil wrong that may be committed intentionally or negligently. This type of trespass occurs when an individual enters another’s property without permission, or enters with permission but for an unlawful purpose. The trespasser, in this case, may be liable for damages that were caused to the property. When businesses and their employees enter someone’s property without the owner’s permission, they may be liable for damages even if no major harm was done.
Conclusion
Trespass is a legal concept that business professionals should understand. In modern law, there are two main types of trespass: criminal trespass and civil trespass. Criminal trespass is a criminal offense, while civil trespass constitutes a tort or civil wrong that can result in damages to the property owner. Being aware of trespass and understanding the definitions of trespass can help businesses and their employees protect their property and themselves.