Citations Affected: IC 35-43-2-2.
Synopsis: Criminal trespass. Makes criminal trespass on property a
Class D felony instead of a Class A misdemeanor if a person intended
to: (1) damage, injure, or harass livestock on the property; or (2)
release lawfully confined livestock from confinement on the property.
Effective: July 1, 2007.
January 16, 2007, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
person's consent; or
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
commits criminal trespass, a Class A misdemeanor.
(b) However, the offense described in subsection (a) is a Class D
felony if:
(1) it is committed:
(A) on a scientific research facility;
(B) on school property; or
(C) on a school bus; or
(2) the person has a prior unrelated conviction for an offense
under this section concerning the same property; or
(3) the person intended to:
(A) damage, injure, or harass livestock on the property; or
(B) release lawfully confined livestock from confinement
on the property.
(b) (c) A person has been denied entry under subdivision (a)(1) of
this section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a manner
that is either prescribed by law or likely to come to the attention
of the public.
(c) (d) Subsections (a), and (b), and (c) do not apply to the
following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response
personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue
a person or animal from harm's way or to remove an object that
the person reasonably believes poses an imminent threat to life or
limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.