After reading Pharmers post regarding trespass, I thought I would post this as an FYI on what the law actually says. Taken from the code of Iowa:
716.7 Trespass defined.
1. The term "property" shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.
2. The term "trespass" shall mean one or more of the following acts:
a. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.
b. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
c. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
d. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
e. Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering on to the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.
3. The term "trespass" shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.
4. The term "trespass" does not mean the entering upon the right-of-way of a public road or highway.
5. For purposes of this section, "railway property" means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.
For purposes of this section, "railway corporation" means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.
6. This section shall not apply to the following persons:
a. Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.
b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.
c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.
[C51, §2684; R60, §4324; C73, §3983; C97, §4793, 4829; C24, 27, 31, 35, 39, § 13086, 13374; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.6, 729.1; C79, 81, §716.7; 81 Acts, ch 205, §1]
88 Acts, ch 1212, §1; 98 Acts, ch 1067, §1, 2
716.8: Penatlies
(1) Any person who knowingly trespasses upon the property of another commits a simple misdemeanor.
(2) Any person committing a trespass as defined in section 716.7 which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
My observations:
1. The law does not require you to post your property, but that would obviously help with the "knowingly trespass" part. Lots of signs and a clear boundary line removes excuses and makes a judges decision easier.
2. You are not required to catch a trespasser more than once in order to prosecute them.
3. If a trespasser kills a deer on your property I think you could make the case for a serious misdemeanor. The state of Iowa certainly places the value of a deer in liquidated damages well above $200. Granted, the deer is not your property, but the code doesnt say the damage must be to your property, only to something on your property.
4. Although I could not find it tonight, the code also states that anyone convicted of trespass while hunting twice in one year is subject to the revocation of hunting privileges.
5. Unless your local judge likes to be difficult, trespass is not hard to prove in court.
6. Either your local Sheriff's office or a CO will work fine, but a deputy may be more likely to be close. If you are not satisfied with your response from the Sheriff's office, contact your CO as they may be better versed in this area depending on the individual officer.
7. I believe 99% of people charged with trespass will plead guilty because they know they are.
8. Get license plates and vehicle descriptions, names, good suspect descriptions, any info that may be usefull if the individual leaves before help arrives.
716.7 Trespass defined.
1. The term "property" shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.
2. The term "trespass" shall mean one or more of the following acts:
a. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.
b. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
c. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
d. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
e. Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering on to the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.
3. The term "trespass" shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.
4. The term "trespass" does not mean the entering upon the right-of-way of a public road or highway.
5. For purposes of this section, "railway property" means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.
For purposes of this section, "railway corporation" means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.
6. This section shall not apply to the following persons:
a. Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.
b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.
c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.
[C51, §2684; R60, §4324; C73, §3983; C97, §4793, 4829; C24, 27, 31, 35, 39, § 13086, 13374; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §714.6, 729.1; C79, 81, §716.7; 81 Acts, ch 205, §1]
88 Acts, ch 1212, §1; 98 Acts, ch 1067, §1, 2
716.8: Penatlies
(1) Any person who knowingly trespasses upon the property of another commits a simple misdemeanor.
(2) Any person committing a trespass as defined in section 716.7 which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
My observations:
1. The law does not require you to post your property, but that would obviously help with the "knowingly trespass" part. Lots of signs and a clear boundary line removes excuses and makes a judges decision easier.
2. You are not required to catch a trespasser more than once in order to prosecute them.
3. If a trespasser kills a deer on your property I think you could make the case for a serious misdemeanor. The state of Iowa certainly places the value of a deer in liquidated damages well above $200. Granted, the deer is not your property, but the code doesnt say the damage must be to your property, only to something on your property.
4. Although I could not find it tonight, the code also states that anyone convicted of trespass while hunting twice in one year is subject to the revocation of hunting privileges.
5. Unless your local judge likes to be difficult, trespass is not hard to prove in court.
6. Either your local Sheriff's office or a CO will work fine, but a deputy may be more likely to be close. If you are not satisfied with your response from the Sheriff's office, contact your CO as they may be better versed in this area depending on the individual officer.
7. I believe 99% of people charged with trespass will plead guilty because they know they are.
8. Get license plates and vehicle descriptions, names, good suspect descriptions, any info that may be usefull if the individual leaves before help arrives.
