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lwpat, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing criminal defense attorney
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I have a double swing gate (two 8 sections) in front with

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I have a double swing gate (two 8' sections) in front with a "no trespassing" sign on one side. Does the gate have to be closed for the sign to have effect, or would walking through the open gate past the sign uninvited constitute trespass?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.
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30-14-1. Criminal trespass.

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

The signs would have to be clearly visible with the gates open. Normally you would put your sign on the gate post on each side.
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