Present law provides that a person commits aggravated criminal trespass who enters or remains on property when the person knows the person does not have the property owner's effective consent and the person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another while either of the following are true:  The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.  The person, while on the property, recklessly damages the property or personal property thereon. This bill removes the above provisions and provides, instead, that a person commits aggravated criminal trespass when the person enters or remains on property when the person knows the person does not have the property owner's effective consent to do so while any of the following are true:  The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another.  The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters, or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.  The person, while on the property, recklessly damages the property or personal property thereon.  The person disrupts a religious assembly within a structure on the property. PENALTY Present law provides that an aggravated criminal trespass is generally a Class B misdemeanor, punishable by up to six months in prison, a fine of up to $500, or both. This bill raises the offense classification for an aggravated criminal trespass that involves disruption of a religious assembly to a Class A misdemeanor, punishable by up to 11 months, 29 days in prison, a fine up to $2,500, or both.

Statutes affected:
Introduced: 39-14-406(a), 39-14-406, 39-14-406(c), 39-14-406(c)(1)