CR 6-403: Trespass Private Property

There are two different trespass statutes in the Maryland code, but they have the same potential penalty and generally treated the same in court.  The more common of the two statutes is 6-403 of the Criminal Code, which prohibits trespassing on private property after warning.  This offense can occur after a person shows up at a business or other private property after being banned from returning by the owner or other agent of a business.  Trespass after warning can occur on property, marinas or boats.  For the offense to hold up in court the State must prove that the defendant was notified of the ban, and then knowingly returned.  Those who have self-excluded from Maryland casinos including MGM National Harbor, Live, Horseshoe, Ocean Downs, Rocky Gap and Hollywood Casino face the possibility of being charged with trespass upon return to these locations.  The Voluntary Exclusion Program applies to all casinos and lasts for a lifetime unless the person is removed from the VEP list.  Once someone signs up for the VEP they can only be removed after two years and by following the procedure required by the state’s gaming commission.  Trespass on posted property is the other type of trespass offense under Maryland law.  It is codified in 6-402 of the Criminal Code.  This offense is commonly used if a person enters a government property such as a park after closing hours, or private property if “no trespassing” signs are present and visible.  Other state-owned land and parks may have areas where people are prohibited from entry at all times.  One example is Patapsco State Park in Howard County and Baltimore County, which has certain areas that are not open to the public.
 
If a person gets into a fight or an argument with staff at a bar or restaurant, he or she will likely receive a no trespass warning.  Police may be called if the same person returns, and charges may follow.  There is no specific time frame for a trespass warning at a private place of business, and to return the person will have to get permission from management.  Another common example of a trespass under 6-403 is a violation of the voluntary exclusion program.  Casino security is highly sophisticated.  Anytime a person on the banned list scans his or her ID for entry, uses a players’ card or credit card, or takes money out of an ATM security will be notified.  Even if the person leaves the casino before security can make contact, the police will likely issue a citation and set the matter for court.
 
Maryland Criminal Code section 6-404 prohibits a person from driving on private property other than a driveway.  This particular offense does not require the State to prove the existence of “no trespass” signs.  It’s a fairly uncommon crime, but we have seen it charged when individuals are caught offroading on farmland or other wide-open spaces without permission.
 
A common defense to trespass after warning was that the defendant was not properly notified he or she was prohibited from returning to the property.  This often comes down to one person’s word against another’s.  The defense of identity may also be used in trespass cases, including casino cases where police did not make contact with the defendant prior to him or her leaving the scene. 
 
The penalties for trespass after warning under 4-603 and trespass on posted property under 4-602 are identical.  Upon conviction a defendant faces up to 90 days in jail and a $500 fine.  A second conviction within two years bumps the maximum penalty to 6 months in jail and a $1,000 fine.  Third or subsequent trespass convictions carry up to two years in jail and a $2,500 fine.
 
Maryland trespass lawyer Benjamin Herbst has successfully represented numerous defendants in criminal courts throughout the state.  He has extensive experience with Voluntary Exclusion Program cases and has achieved dozens of dismissals, including for repeat offenders.  Contact trespass attorney Benjamin Herbst anytime to discuss your case at 410-207-2598.