2nd Degree Trespass
A person commits this offense if he or she either enters a premises or remains on the premises of another after being told not to enter or not to stay on the premises. In addition, if the premises are posted in a manner to clearly indicate that individuals are not to enter, one commits this offense if he or she enters anyway. 2nd degree trespass is punishable by up to 30 days of active jail time and considered a Class 3 misdemeanor.
While some may not think so, many trespassing charges actually occur in domestic violence court. When spouses or people in dating relationships break up, one of the partners frequently refuse to accept the fact that they are no longer in the relationship. When that individual insists on returning to their ex-partners premises, a second-degree trespass scenario frequently arises.
It is important to know that 1st degree trespasses do not frequently occur in domestic violence situations. This is due to the fact that for a first degree trespass to occur, the occupied area must be enclosed and secured to demonstrate an intent to keep out intruders.