2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 35 - Burglary and Other Criminal Intrusion
3503 - Criminal trespass.

     § 3503.  Criminal trespass.
        (a)  Buildings and occupied structures.--
            (1)  A person commits an offense if, knowing that he is
        not licensed or privileged to do so, he:
                (i)  enters, gains entry by subterfuge or
            surreptitiously remains in any building or occupied
            structure or separately secured or occupied portion
            thereof; or
                (ii)  breaks into any building or occupied structure
            or separately secured or occupied portion thereof.
            (2)  An offense under paragraph (1)(i) is a felony of the
        third degree, and an offense under paragraph (1)(ii) is a
        felony of the second degree.
            (3)  As used in this subsection:
                "Breaks into."  To gain entry by force, breaking,
            intimidation, unauthorized opening of locks, or through
            an opening not designed for human access.
        (b)  Defiant trespasser.--
            (1)  A person commits an offense if, knowing that he is
        not licensed or privileged to do so, he enters or remains in
        any place as to which notice against trespass is given by:
                (i)  actual communication to the actor;
                (ii)  posting in a manner prescribed by law or
            reasonably likely to come to the attention of intruders;
                (iii)  fencing or other enclosure manifestly designed
            to exclude intruders;
                (iv)  notices posted in a manner prescribed by law or
            reasonably likely to come to the person's attention at
            each entrance of school grounds that visitors are
            prohibited without authorization from a designated
            school, center or program official; or
                (v)  an actual communication to the actor to leave
            school grounds as communicated by a school, center or
            program official, employee or agent or a law enforcement
            officer.
            (2)  Except as provided in paragraph (1)(v), an offense
        under this subsection constitutes a misdemeanor of the third
        degree if the offender defies an order to leave personally
        communicated to him by the owner of the premises or other
        authorized person. An offense under paragraph (1)(v)
        constitutes a misdemeanor of the first degree. Otherwise it
        is a summary offense.
        (b.1)  Simple trespasser.--
            (1)  A person commits an offense if, knowing that he is
        not licensed or privileged to do so, he enters or remains in
        any place for the purpose of:
                (i)  threatening or terrorizing the owner or occupant
            of the premises;
                (ii)  starting or causing to be started any fire upon
            the premises; or
                (iii)  defacing or damaging the premises.
            (2)  An offense under this subsection constitutes a
        summary offense.
        (b.2)  Agricultural trespasser.--
            (1)  A person commits an offense if knowing that he is
        not licensed or privileged to do so he:
                (i)  enters or remains on any agricultural or other
            open lands when such lands are posted in a manner
            prescribed by law or reasonably likely to come to the
            person's attention or are fenced or enclosed in a manner
            manifestly designed to exclude trespassers or to confine
            domestic animals; or
                (ii)  enters or remains on any agricultural or other
            open lands and defies an order not to enter or to leave
            that has been personally communicated to him by the owner
            of the lands or other authorized person.
            (2)  An offense under this subsection shall be graded as
        follows:
                (i)  An offense under paragraph (1)(i) constitutes a
            misdemeanor of the third degree and is punishable by
            imprisonment for a term of not more than one year and a
            fine of not less than $250.
                (ii)  An offense under paragraph (1)(ii) constitutes
            a misdemeanor of the second degree and is punishable by
            imprisonment for a term of not more than two years and a
            fine of not less than $500 nor more than $5,000.
            (3)  For the purposes of this subsection, the phrase
        "agricultural or other open lands" shall mean any land on
        which agricultural activity or farming as defined in section
        3309 (relating to agricultural vandalism) is conducted or any
        land populated by forest trees of any size and capable of
        producing timber or other wood products or any other land in
        an agricultural security area as defined in the act of June
        30, 1981 (P.L.128, No.43), known as the Agricultural Area
        Security Law, or any area zoned for agricultural use.
        (c)  Defenses.--It is a defense to prosecution under this
     section that:
            (1)  a building or occupied structure involved in an
        offense under subsection (a) of this section was abandoned;
            (2)  the premises were at the time open to members of the
        public and the actor complied with all lawful conditions
        imposed on access to or remaining in the premises; or
            (3)  the actor reasonably believed that the owner of the
        premises, or other person empowered to license access
        thereto, would have licensed him to enter or remain.
        (d)  Definition.--As used in this section, the term "school
     grounds" means any building of or grounds of any elementary or
     secondary publicly funded educational institution, any
     elementary or secondary private school licensed by the
     Department of Education, any elementary or secondary parochial
     school, any certified day-care center or any licensed preschool
     program.
     (June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995,
     P.L.334, No.53, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
     eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. imd.)

        2002 Amendment.  Act 116 amended subsec. (b) and added
     subsec. (d).
        1998 Amendment.  Act 121 added subsec. (b.2).
        1995 Amendment.  Act 53 added subsec. (b.1).
        1978 Amendment.  Act 76 amended subsec. (a).
        Cross References.  Section 3503 is referred to in sections
     2710, 3311, 6105 of this title; section 2314 of Title 34 (Game);
     section 3573 of Title 42 (Judiciary and Judicial Procedure).