MARYLAND CRIMINAL TRESPASS DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH TRESPASSING IN MARYLAND
Entering the property of another in Maryland after having been forbidden to do so can result in being charged with trespass. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland trespass defense lawyers in its offices in Rockville and Annapolis. For more information or to make an appointment with a SRIS, P.C. lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
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To obtain a general overview of trespassing defense, please click here.
To learn more about the laws pertaining to trespassing defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of trespass charges one could face in the State of Maryland. Click on any of the following issues to learn more about them.
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Trespass on posted property
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Wanton trespass on private property
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Use of a vehicle on private property
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Wanton entry on cultivated land
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Trespass in stable area of racetrack
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Entry on property for purpose of invading privacy of occupants
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Refusal or failure to leave public building or grounds
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Wanton trespass on property of Government House
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Trespassing prohibited
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Removing human remains without authority
MARYLAND TRESPASS LAWS
MD Code § 6-402. Trespass on posted property (top)
Prohibited
(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen; or
(2) paint marks that:
(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and
(ii) are made on trees or posts that are located:
1. at each road entrance to the property; and
2. adjacent to public roadways, public waterways, and other land adjoining the property.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-403. Wanton trespass on private property (top)
Prohibited–Entering and crossing property
(a) A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.
Prohibited–Remaining on property
(b) A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-404. Use of a vehicle on private property (top)
(a) This section does not apply to:
(1) a vessel;
(2) a military, fire, or law enforcement vehicle;
(3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving;
(4) earth-moving or construction equipment used for those purposes; or
(5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose.
Prohibited
(b) Except when traveling on a clearly designated private driveway, a person may not use a vehicle or off-road vehicle on private property unless the person has in the person’s possession the written permission of the owner or tenant of the private property.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-406. Wanton entry on cultivated land (top)
(a) “Cultivated land” means land that has been cleared of its natural vegetation and is currently planted with a crop or orchard.
(b) Unless a person has permission from the owner of cultivated land or an agent of the owner, a person may not enter on the cultivated land of another.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-407. Trespass in stable area of racetrack (top)
Prohibited
(a) A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-408. Entry on property for purpose of invading privacy of occupants (top)
Prohibited
(a) A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-409. Refusal or failure to leave public building or grounds (top)
Prohibited–During regularly closed hours
(a) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during the time when the public building or grounds, or specific part of the public building or grounds, is regularly closed to the public if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave has no apparent lawful business to pursue at the public building or grounds; and
(2) a regularly employed guard, watchman, or other authorized employee of the government unit that owns, operates, or maintains the public building or grounds asks the person to leave.
Prohibited–During regular business hours
(b) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during regular business hours if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave:
(i) has no apparent lawful business to pursue at the public building or grounds; or
(ii) is acting in a manner disruptive of and disturbing to the conduct of normal business by the government unit that owns, operates, or maintains the public building or grounds; and
(2) an authorized employee of the government unit asks the person to leave.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
MD Code § 6-410. Wanton trespass on property of Government House (top)
Prohibited
(a) A person may not commit wanton trespass on the property of Government House.
Posting not necessary
(b) Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
MD Code, Education,§ 26-102. Trespassing prohibited (top)
(a) In this section, “school resource officer” means a law enforcement officer as defined under § 3-101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3-101(b) of the Public Safety Article and the local education agency.
(b) The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:
(1) Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;
(2) Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or
(3) Acts in a manner that disrupts or disturbs the normal educational functions of the institution.
(c) Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.
(d) The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:
(1) The institution is closed; or
(2) None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.
(e) A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:
(1) Trespasses on the grounds of any public institution of elementary, secondary, or higher education;
(2) Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or
(3) Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.
MD Code, Criminal Law, § 10-402. Removing human remains without authority (top)
Prohibited
(a) Except as provided in subsection (b) of this section, a person may not remove or attempt to remove human remains from a burial site.
Exception
(b) Subject to subsection (c) of this section, the State’s Attorney for a county may authorize in writing the removal of human remains from a burial site in the State’s Attorney’s jurisdiction:
(1) to ascertain the cause of death of the person whose remains are to be removed;
(2) to determine whether the human remains were interred erroneously;
(3) for the purpose of reburial; or
(4) for medical or scientific examination or study allowed by law.
Exception–Notice
(c)(1) Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located.
(2) The notice shall be published in the newspaper one time.
(3) The notice shall contain:
(i) a statement that authorization from the State’s Attorney is being requested to remove human remains from a burial site;
(ii) the purpose for which the authorization is being requested;
(iii) the location of the burial site, including the tax map and parcel number or liber and folio number; and
(iv) all known pertinent information concerning the burial site, including the names of the persons whose human remains are interred in the burial site, if known.
(4)(i) The State’s Attorney may authorize the temporary relocation of human remains from a burial site for good cause, notwithstanding the notice requirements of this subsection.
(ii) If the person requesting the authorization subsequently intends to relocate the remains permanently, the person promptly shall publish notice as required under this subsection.
(5) The person requesting the authorization from the State’s Attorney shall pay the cost of publishing the notice.
(6) The State’s Attorney may authorize the removal of the human remains from the burial site after:
(i) receiving proof of the publication required under paragraph (1) of this subsection; and
(ii) 15 days after the date of publication.
(7) This subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site.
(8) For a known, but not necessarily documented, unmarked burial site, the person requesting authorization for the removal of human remains from the burial site has the burden of proving by archaeological excavation or another acceptable method the precise location and boundaries of the burial site.
Exception–Reinterment
(d)(1) Any human remains that are removed from a burial site under this section shall be reinterred in:
(i)1. a permanent cemetery that provides perpetual care; or
2. a place other than a permanent cemetery with the agreement of a person in interest as defined under § 14-121(a)(4) of the Real Property Article; and
(ii) in the presence of:
1. a mortician, professional cemeterian, or other individual qualified in the interment of human remains;
2. a minister, priest, or other religious leader; or
3. a trained anthropologist or archaeologist.
(2) The location of the final disposition and treatment of human remains that are removed from a burial site under this section shall be entered into the local burial sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed appropriate by the State’s Attorney or the Maryland Historical Trust.
Construction of section
(e) This section may not be construed to:
(1) preempt the need for a permit required by the Department of Health and Mental Hygiene under § 4-215 of the Health–General Article to remove human remains from a burial site; or
(2) interfere with the normal operation and maintenance of a cemetery, as long as the operation and maintenance of the cemetery are performed in accordance with State law.
Penalty
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Statute of limitations and in banc review
(g) A person who violates this section is subject to § 5-106(b) of the Courts Article
The Maryland trespass attorneys and Law Offices of SRIS, P.C., are located in Rockville and Baltimore.
Our Maryland trespass attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form
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