Trespassing in Wilmington, NC

It is first important to take note that a change in North Carolina law makes it possible for landowners to open their lands with less concern about liability in case of an accident. It’s now possible for landowners to allow the public on their property for educational and recreational reasons with no fee. However, the landowner is required to provide the duty of care owed to a trespasser. This should reduce concerns of landowners wanting to permit visits by school groups, 4-H clubs, scout troops and others falling on the same category.

As for trespassing, North Carolina law provides the least amount of protection to a trespasser. One is a trespasser if one is in the premises of another person without permission. To avoid liability, the law requires only that the landowner avoid willful or wanton injury to the trespasser.

Trespassing Charges

A person is guilty of First Degree trespass if that person entered or remained in the property of another person and if that property was secured or enclosed in a manner that demonstrates the owner’s clear intent to keep out intruders. This is a Class 2 misdemeanor that has the potential of carrying a punishment of up to 60 days in jail and up to a $1,000 fine.

A person is guilty of Second Degree trespass if that person enters or remains on property after the owner notifies the person not to enter or remain on the property or the person enters or remains on property that has posted signs warning intruders not to come.

In the cases involving children, courts may apply the principle of “attractive nuisance.” In this case, landowners are actually responsible to prevent children from accessing a site or condition on property that the owners recognize can be visited by children.

Hire a Wilmington Defense Lawyer

If you find yourself in any of these situations, it is always best to find sources about these regulations and study them carefully. It is also helpful to remember that North Carolina may have laws different from other states. Your knowledge on these differences may come in handy and be able to help you, your family, and even your friends.

If you ever find yourself in need of legal advice, feel free to contact a Wilmington criminal defense attorney today for a consultation. Remember, it is best to be at least aware of the law or be aware that there is always a legal expert nearby willing to help you.


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