MASSACHUSETTS TRESPASS DEFENSE ATTORNEYS  

DEFEND CLIENTS CHARGED WITH CRIMINAL TRESPASS

Trespass in Massachusetts is the act of going on the property of another after having been forbidden to do so. Trespass can occur by simply using a computer system without the authority of the person who owns the computer system. The Massachusetts law offices of SRIS, P.C. have a number of excellent Massachusetts trespass defense lawyers in its office in the City of Boston, Massachusetts. For more information or to make an appointment with SRIS, P.C. trespass defense lawyer in Massachusetts, please call, send an e-mail or complete the on-line form.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

The following are some of the different types of trespass charges one could face in the State of Massachusetts.

TRESPASSING LAWS IN THE STATE OF MASSACHUSETTS

• Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted
• Motor vehicle; parking on private way; prosecution; evidence
• Entry on land by abutting property owners not constituting trespass
• Unauthorized access to computer system; penalties
• Notice against trespassers; defacement; penalty

Section 120. Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted (top)

Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offense, and he be taken upon a warrant issued upon such complaint.
This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.

Section 120A. Motor vehicle; parking on private way; prosecution; evidence (top)

Section 120A. In any prosecution for committing the crime of trespass by parking a motor vehicle upon a private way or upon improved or enclosed land, proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle shall be prima facie evidence that the defendant was the person who parked such vehicle upon such way or land at such time.

Section 120B. Entry on land by abutting property owners not constituting trespass (top)

Section 120B. Whoever, being the owner of land abutting that of another, the building or buildings on which are so close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the chief or other officer in charge of the police department of the city or town in which the land is located that he has requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining or repairing a building or buildings and that such permission has been refused, and that he intends to enter under the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.

Section 120F. Unauthorized access to computer system; penalties (top)

Section 120F. Whoever, without authorization, knowingly accesses a computer system by any means, or after gaining access to a computer system by any means knows that such access is not authorized and fails to terminate such access, shall be punished by imprisonment in the house of correction for not more than thirty days or by a fine of not more than one thousand dollars, or both.
The requirement of a password or other authentication to gain access shall constitute notice that access is limited to authorized users.

Section 122. Notice against trespassers; defacement; penalty (top)

Section 122. Whoever wilfully tears down, removes or defaces any notice posted on land, or other property described in section one hundred and twenty, by the owner, lessee or custodian thereof, warning persons not to trespass thereon, shall be punished by a fine of not more than twenty-five dollars.