[Vision2020] Vision2020 in the yard?
Bruce and Jean Livingston
jeanlivingston at turbonet.com
Thu Apr 20 10:20:23 PDT 2006
I suppose it is relevant what the criminal law defines as trespass, and I
don't have the time to research all of the other laws that might conceivably
apply to the alleged Jackie Woolf photography shoot, but wandering around on
anyone's private property without permission seems wrong to me. If there
isn't an applicable law, "there oughta be a law." One ought to ask
permission, notwithstanding the lack of posted "no trespassing" signs, and
if nobody is home to give you permission, you ought to walk back down the
sidewalk from the front door that wasn't answered and leave the property
immediately without wandering around on someone else's property.
Bruce Livingston
----- Original Message -----
From: "Craine Kit" <kcraine at verizon.net>
To: "Andreas Schou" <ophite at gmail.com>
Cc: "Vision2020 Moscow" <vision2020 at moscow.com>
Sent: Thursday, April 20, 2006 9:59 AM
Subject: Re: [Vision2020] Vision2020 in the yard?
> Just a note for clarification.
>
> I’m not going to quote all 75 sections of Idaho state law that deal with
> trespassing. But, in summary, trespassing on property requires leaving
> gates open, damaging property in specified ways, or ignoring "no
> trespassing" signs posted at defined intervals/in defined places (see
> 18-7011 below.) Trespassing on privacy requires peering into a structure
> without having a visible or lawful purpose (see 18-7006 below).
>
> Kit Craine
>
>
> Idaho State Code
> TITLE 18 - CRIMES AND PUNISHMENTS
> CHAPTER 70 - TRESPASS AND MALICIOUS INJURIES TO PROPERTY
>
> 18-7011. CRIMINAL TRESPASS -- DEFINITION AND PUNISHMENT. (1) Any
> person who, without consent of the owner or person in charge of any lands
> which are inclosed by fences of any description sufficient to show the
> boundaries of the land inclosed, shall go upon such lands and shall leave
> open any gates on or about said premises, or who shall tear down or lay
> down any fencing, or who shall willfully remove, mutilate, damage or
> destroy any "No Trespassing" signs or markers, or who shall go through
> cultivated crops that have not been harvested, or who shall damage any
> property thereon, or who without permission of the owner or the owner's
> agent enters the real property of another person where such real property
> is posted with "No Trespassing" signs or other notices of like meaning
> spaced at intervals of not less than one (1) notice per six hundred sixty
> (660) feet along such real property, is guilty of a misdemeanor and on
> conviction thereof shall be punished by imprisonment in a county jail not
> exceeding six (6) months or by a fine of not less than twenty- five
> dollars ($25.00) and not more than one thousand dollars ($1,000) or by
> both such fine and imprisonment. Where the geographical configuration of
> the real property is such that entry can reasonably be made only at
> certain points of access, such property is posted sufficiently for all
> purposes of this section if said signs or notices are posted at such
> points of access.
> As used in this subsection and in section 18-7008, Idaho Code:
> "enters," "entry" and "entering" mean going upon or over real property
> either in person or by causing any object, substance or force to go upon
> or over real property.
> (2) No motor vehicle shall be willfully or intentionally driven
> into, upon, over or through any private land actively devoted to
> cultivated crops without the consent of the owner of the land or the
> tenant, lessee or agent of the owner of the land actively devoted to
> cultivated crops. Violation of the provisions of this section shall be a
> misdemeanor. For the purpose of this subsection, motor vehicle shall be
> defined as set forth in sections 49-114 and 49-123, Idaho Code. Land
> actively devoted to cultivated crops shall be defined as land that is
> used to produce field crops including, but not limited to, grains, feed
> crops, legumes, fruits and vegetables.
>
> Idaho State Code
> TITLE 18 - CRIMES AND PUNISHMENTS
> CHAPTER 70 - TRESPASS AND MALICIOUS INJURIES TO PROPERTY
>
> 18-7006. TRESPASS OF PRIVACY. It shall be unlawful for any person,
> upon the private property of another, to intentionally look, peer or peek
> in the door, window, or other transparent opening of any inhabited
> building or other structure located thereon, without visible or lawful
> purpose. Any person who violates the provisions of this section shall be
> guilty of a misdemeanor.
>
>
> On Apr 19, 2006, at 8:29 PM, Andreas Schou wrote:
>
>> On 4/19/06, g. crabtree <jampot at adelphia.net> wrote:
>>> Judging from the enormous silence that greeted this topic when I first
>>> brought it up on 2&3 April, holding your breath and waiting on an
>>> answer
>>> will be hazardous to your health. Apparently trespassing isn't as
>>> egregious
>>> a crime as providing shelter to collage students.
>>
>> In Idaho, someone must receive a tresspass notice before it becomes a
>> "crime." If they then return, it is considered misdemeanor
>> tresspassing, and is punishable by a small fine.
>>
>> -- ACS
>>
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>
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