Although most of us would agree that going on to someone’s property with out their permission is unwise, if you look at the trespassing laws in most states, what was done was techically not trespassing.
here are the basic laws for trespassing followed by most States;
purpose to injure - (which he did not)
Prohibits entry on to any land whether open to the public or not for the purpose of injuring any property or property rights or with the intention of interfering, obstructing, or injuring any lawful business or occupation carried on by the owner, owner's agent, or person in lawful possession.
occupation - (his intent was not to occupy the property.)
Prohibits the entry and occupation of any real property whether open to the public or not without the consent of the owner, owner's agent, or person in lawful possession. Under this section, the property must be occupied for some period of time.
refusal to leave private property - (Maybe, but he was nerver confronted by the owner and there where no sign stateing that trespassing is prohibited.)
Provides that a person who refuses or fails to leave land not open to the general public when requested to do so by the owner, owner's agent, or a peace officer at the request of the owner or owner's agent may be arrested.
unauthorized entry of property - (The car was not stored in a building.)
Prohibits entry into any non-commercial dwelling house, apartment, or other such place without the permission of the owner, owner's agent, or person in lawful possession. This section is limited to structures which are used for dwelling purposes.
Trespassing Penalties:
Trespassing (defiant trespasser) is a petty disorderly persons offense. The statute fits if the property is marked or fenced/enclosed, or notice against trespass is otherwise give. The maximum penalty for a petty disorderly persons trespassing offense is 30 days in jail and a $500 fine.
Trespassing is a crime in the forth degree if it is in a home or dwelling, a school, or a research facility. You can also be charged with a forth degree crime for peering into the windows of a home or dwelling. A forth degree crime conviction carries a maximum penalty of 18 months in prison.
