Juvenile Trespass Offenses

Juvenile Trespass Offenses: A Guide for Parents and Teens

Trespassing can sound like a minor offense, but it can actually have serious legal consequences for juveniles in many states. As a parent, it’s important to understand what trespassing is, what the penalties can be, and how to protect your child. This article will cover the basics of juvenile trespass charges, potential defenses, and tips for keeping your kid out of legal trouble.

What is Trespassing?

Trespassing is entering or remaining on someone else’s property without permission. It’s that simple – if your child goes onto private property when they’re not supposed to be there, they could face trespass charges.

Trespassing laws vary by state, but often include:

• Entering someone’s home, yard, business or other private property without permission
• Refusing to leave private property when asked
• Entering property that is clearly marked with “No Trespassing” signs

In Indiana, for example, it’s a misdemeanor trespass if someone “not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person’s agent.”

So even if your child didn’t think they were doing anything wrong, simply stepping onto someone’s property can be trespassing if the owner has made it clear they’re not allowed.

What Are the Penalties for Juvenile Trespassing?

For juveniles, trespass charges are usually heard in juvenile court rather than criminal court. But they can still carry serious penalties like:

• Probation
• Community service
• Fines
• Mandatory counseling or classes
• Juvenile detention

In Indiana, trespass is a Class A misdemeanor, punishable by up to 1 year in juvenile detention. It becomes a felony with a prior trespass conviction or if committed on school grounds or certain other properties.

While detention is rare for first-time offenders, trespass charges can still negatively impact a child’s future education and job prospects down the line. That’s why it’s so important to take these charges seriously and protect your kid.

Common Defenses Against Trespass Charges

If your child is accused of trespassing, all hope is not lost. Here are some of the most common defenses a juvenile criminal defense lawyer may use:

• Consent: If your child had permission to be there, either directly or indirectly, they can’t be guilty of trespass.
• Necessity: Entering a property to flee danger, prevent a crime, etc. may justify trespass.
• Mistake: If your child mistakenly thought they were allowed on the property, they may not have criminal intent.
• Entrapment: If police improperly induced your child to trespass, their actions may be excused.
• Age: As juveniles, your child is held to a higher standard of proof and considered less culpable.

A skilled juvenile defense attorney can evaluate the specifics of your child’s case and build the strongest defense.

Tips to Keep Your Kid Out of Trouble

As a parent, you play a key role in keeping your child from facing trespass charges in the first place. Try these proactive tips:

• Talk to them about trespassing laws and consequences. Make sure they understand private property boundaries.
• Set clear rules about where they can and can’t go in your neighborhood. Do they have permission to take shortcuts across yards? Walk through construction sites? Hang out in parking lots?
• Encourage activities in public spaces like parks, community centers, etc. This gives them a place to go while respecting private property.
• Meet their friends and get to know their parents. You’ll have better insight into where kids are hanging out.
• Drive by spots where kids congregate. Are they staying in public areas or trespassing onto private property?
• Keep them busy with sports, hobbies, part-time jobs. Idle time can lead to wandering and trespassing.
• Communicate with police if you have concerns about trespassing in your neighborhood. They may be able to provide extra patrols.

With some common sense precautions, you can help your child avoid trespassing temptation and stay on the right side of the law. But if they do make a mistake, stay calm, get legal help, and remember – kids will be kids! With guidance and understanding, a trespass charge doesn’t have to define them.