If you own property, whether it’s your personal home or simply vacant land, it’s a very good idea to refresh your state’s trespass laws.
Even in case you’re just renting or leasing land, you will still need to know trespassing laws in your private home state.
Only in this fashion can you already know the precise scope of your rights regarding your property, especially keeping unwanted visitors away from it.
While almost everyone has an instinctive idea of what trespassing is, the laws in several states can vary greatly.
Exactly what constitutes intrusion on various kinds of property and in several circumstances will not be uniform across the country.
Equally vital, trespassing penalties can vary greatly from state to state.
Fortunately or unfortunately for intruders, North Dakota has among the clearest and most concise trespassing laws you could find anywhere, in addition to among the harshest penalties for it. You can discover what they’re in this text.
Overview of North Dakota Intrusion Law
- Trespassing generally is a misdemeanor or a felony in North Dakota.
- It is a criminal offense to trespass into any high-security dwelling or area.
- Most trespassing charges include heavy fines.
What constitutes trespassing in North Dakota?
In North Dakota, trespassing is usually defined as entering or being on any property, grounds, dwelling, or structure without permission or privilege to accomplish that, or without authorization to accomplish that without said license or privilege.
North Dakota, like many states, qualifies the severity of trespassing and associated fees based on the form of property the person is trespassing on and whether or not they have ignored posted signage or bypassed a fence or other barriers to entry.
Trespassing any dwelling, as defined by state statutes, is a felony, as is a heavily guarded facility, which is usually defined as any facility or area where an individual must wear visible photo ID while on premises.
You can read all about each cases in 12.1-22-03:
12.1-22-03. Criminal Misdemeanor – Against the law unrelated to a criminal offense on the posted property.
1. An individual is guilty of a Class C felony if, knowing that he will not be authorized or privileged to accomplish that, he enters or stays in a dwelling or well-secured premises.
2. An individual is guilty of a Class A misdemeanor if, knowing that the person will not be licensed or privileged to accomplish that, the person:
A. enters or stays in or on any constructing, occupied structure or storage structure, or individually secured or occupied portion thereof; Or
B. Enters or stays in anyplace so closed as to exclude intruders.
3. a. An individual is guilty of a Class B misdemeanor if, knowing that he/she doesn’t hold a license or privilege, he/she enters or stays in anyplace where he/she has been notified that trespassing is prohibited by actual notice to the actor by the property manager or other authorized person, or by posting in a way that’s prone to attract the eye of intruders. The name of the person delegating the premises have to be placed on each sign up legible letters.
(…)
Does North Dakota require “No Trespassing” signs?
No, nevertheless it qualifies as a trespassing offense as described above. A one who enters or stays on any property or premises contrary to a notice by a posted sign prone to attract the eye of a possible trespasser is guilty of a Class B misdemeanor.
If empty, unimproved land will not be thus exposed against intruders, the fees shall be greatly reduced.
If it helps, consider placing signage in any respect appropriate points across the perimeter of your property so it’s similar to notifying someone directly that trespassing is prohibited.
Is a fence required to guard property?
No, but as with signage, this qualifies the degree of infringement, and a one who unlawfully and without privilege or legal authority enters or stays on any property or area that’s clearly fenced off to stop intruders reads it as a fence or partitions, commits a Class A misdemeanor.
What other signs indicate “no trespassing”?
Nothing. In North Dakota, only posted signage, fences or partitions, or direct notification of intruders count as an intrusion warning.
In particular, painted signs on fence posts or trees don’t count as a warning, unlike another states.
Note that although such markings have gotten more common, and while many individuals know what they mean, they don’t have any legal support in North Dakota.
If you select to make use of such markings, they’re for convenience or visibility only.
Can Attorneys Ignore No Trespassing Signs?
Generally not, and North Dakota is a state that does not mess with trespass.
While I would not expect much from a lawyer who ignored a no trespassing sign alone in a populated neighborhood or in the course of a city, the identical probably couldn’t be said for more rural or distant properties.
Also, no lawyer can ignore a locked gate or fence, and circumventing either of them would surely cause trouble and a charge of trespassing.
Can trespassing lead to an arrest in North Dakota?
Absolutely. As noted above, North Dakota takes trespassing charges quite seriously, a stance you may easily see by how strict the trespassing laws are and the way severe the penalties are for violating them.
Any trespasser, especially one who ignores a posted sign or fence, may be arrested along with a advantageous.
Similarly, don’t assume that you simply yourself can unintentionally run into another person’s land and escape unscathed, in the event that they want to emphasise that. This is particularly vital for hunters, campers, hikers and the like.
Not knowing the law or where you’re isn’t an excuse!
Can you sue someone for trespassing?
Yes you may. You can do that especially if the intrusion ends in damage to a fence or some other property, if it invades your privacy or if the intrusion is meant to further commit one other crime.
Special Intrusion Cases in North Dakota
North Dakota has some special statutes covering, say, interesting variants of trespass. Namely, illegal entry into any vehicle or stowage on board a ship, aircraft or train.
You can examine each cases in 12.1-22-04 and 12.1-22-05 below:
12.1-22-04. Unlawfully entering or hiding in a vehicle.
1. An individual is guilty of an offense if knowing that he doesn’t have a license or privilege
for this purpose an individual:
A. Forcibly enters a vehicle, vessel or aircraft;
B. He enters a vehicle, ship or aircraft without using force with the intent to commit a criminal offense
offense; Or
C. Enters a vehicle, ship or aircraft lawfully and with the intent to commit a criminal offense,
hides in a vehicle, ship or plane.
2. The offense is a Class B felony if the actor is armed with a firearm, a destructive device,
or other weapon, the possession of which, under the circumstances, indicates intent
or readiness to inflict grievous bodily harm. Otherwise, the offense is a Class C felony.
12.1-22-05. hiding.
An individual is guilty of a Class A misdemeanor if, knowing that she or he will not be licensed or privileged to accomplish that, secretly stays aboard a vehicle, train, ship or aircraft with the intention of obtaining transportation.
