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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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Is it illegal if someone enters your home without your permission

Resolved Question:

Is it illegal if someone enters your home without your permission or knowledge? Even if they have a key loaned for emergencies?
Submitted: 5 years ago.
Category: Legal
Expert:  Alexia Esq. replied 5 years ago.

Dear gigi,

 

Thank you for your question and I look forward to working on your answer. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, in order to better assist you, could you please clarify for me:

 

1. Your country/state?

 

I look forward to getting to work on this for you. Hang in there!

 

Sincerely,

 

Stephanie O. Joy, JA Legal Expert

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

 

Customer: replied 5 years ago.
Thank you for your quick response. I live in Tucson, Arizona
Expert:  Alexia Esq. replied 5 years ago.

Hi gigi,

 

As you have imagined, if someone does not have permission to enter your property (either that owned or rented), doing so can constituted trespass, breaking and entering, etc., depending on the circumstances. A key for emergencies only means a key for emergencies, not unlimited permission. Of course, proving the lack of permission is more difficult when there is a key, but that is a different story. For instance, if someone has an email or texting conversation where is is clear that there is no permission to enter, yet the person enters anyway, with the key, the proof may be quite simple.Here are some charging statutes for you in the AZ criminal code.

 

Arizona Revised Statutes §13-1502 Criminal trespass in the third degree; classification

13-1502

 

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.

 

 

Arizona Revised Statutes §13-1504 Criminal trespass in the first degree; classification

 

13-1504:

 

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

 

 

Now if there is an INTENT to commit a crime inside, now we can be talking burglary:

 

Arizona Revised Statutes §13-1506 Burglary in the third degree; classification

A. A person commits burglary in the third degree by:

1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.

2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a class 4 felony.

 

 

Arizona Revised Statutes §13-1507 Burglary in the second degree; classification

A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.

B. Burglary in the second degree is a class 3 felony.

 

 

Hope this helps to clarify.


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

Sincerely,

 

Stephanie Joy

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

 

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11737
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Ms. Joy,

Thank you for your response it is most welcome. The detail of the incident is this. The person/man that entered my house was my boyfriend at the time and I had been out with my best friend for the evening. He called my phone 26 times. I went home after my evening and locked up for the night at midnight. I subsequently shut my phone off. He knew I was all alone in my home and let himself in without my knowledge at around 3 in the morning. I was awoken by a sound and I turned to see a man standing over me in my bedroom. I thought that I was going to die that night and I would never see my children again. He shook me awake and demanded to know why I had not answered his calls. He said he thought I had 'run away' with another man and had brought him home. I asked him to leave immediately and requested my key back. Subsequently I found out he had collected my hair and other objects to mark him time with me. This incident has haunted me and my children since. We did not feel safe in our home and eventually moved. He is in the law profession and assured me that I had no recourse against him as it wasn't illegal if he had my key for emergencies. Is there a statute of limitations for this incident? He has been contacting members of my family.

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