The term trespass in the broader sense means an unlawful
act against a person, property, or right of another. It is more commonly used as an act
of wrongful intrusion on the land or premises of another. Defiant trespass is a bit more
specific in that it is when a person remains in a place, land or otherwise, where he is
not privileged to remain after notice of trespass has been given by someone who has the
authority to give said notice. To be guilty of defiant trespass, the offender must have
been given notice either by mouth (spoken word), signage, or fencing specifically
designed to exclude intruders.
It is uncommon that the
crime of trespass is the only infraction the offender is guilty of. Usually, other
crimes are included with a charge of trespass. Defiant trespass is a
misdemeanor.
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