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Trespassing in Indiana involves entering or staying on someone else's property without permission, which can result in fines or imprisonment. This article explores Indiana's trespassing laws, providing insights into the legal consequences and rights of both property owners and trespassers.

What is Trespassing in Indiana?

Trespassing is when someone knows and intends to enter another’s property without permission or legal right. Indiana law has two types of trespass:

  • Criminal Trespass: Enters with intent to commit a crime or refuses to leave when asked. It’s a misdemeanor with fines.
  • Civil Trespass: Unauthorized entry without criminal intent.

Exemptions to trespassing laws include lawful entries by officials like postal workers or police. Public properties like parks and roads have different rules.

Indiana Trespassing Penalties

Penalties vary:

  • Criminal Trespass:
    • Class A misdemeanor: Up to 1 year in jail and $5,000 fine for agricultural or school grounds.
    • Class B misdemeanor: Up to 180 days in jail and $1,000 fine for other cases.
  • Civil Trespass: Property owners can sue for damages.

Criminal trespass convictions may also result in probation, community service or restitution.

When are Property Owners Liable for Trespasser Injuries?

Indiana law can hold property owners liable if they fail to warn trespassers of known dangers especially if:

  1. Trespassers will enter.
  2. The owner knows of the danger.
  3. The owner intends to harm.

Securing the property or posting warnings can reduce liability.

Attractive Nuisance and Liability for Child Trespassers

Under Indiana’s attractive nuisance doctrine, property owners must take extra precautions to protect children from dangers like swimming pools or construction equipment. Failing to secure these risks can result in liability even if the child was trespassing.

Property owners can reduce risk by installing fences, locking off areas or posting warning signs.

FAQs

What’s the difference between criminal and civil trespass in Indiana?
Criminal trespass is with intent to commit a crime; civil trespass is not.

Can property owners be liable for trespasser injuries?
Yes if owners fail to warn of known dangers or intend to harm.

What are the defenses to criminal trespass charges?
Lack of intent, emergency, or lawful authority.

How can property owners prevent trespassing?
Install fences, post no-trespassing signs, use cameras. Leasing property to hunters can also deter trespassers.

Are there exceptions to trespassing laws?
Emergency responders and people saving lives on railroad property are.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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