§ 11-1-29 Criminal trespass.
(A) A person is guilty of criminal trespass if the person knowingly enters or remains in or upon the premises of another when the person is not then authorized, invited, or otherwise privileged to so enter or remain.
(B) Authority or privilege to enter or remain in a building which is only partly open to the public is not authority or privilege to enter or remain in that part of the building which is not open to the public.
(C) A person may enter or remain upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.
(D) In any prosecution under subsection (A) of this section it is an affirmative defense that:
(1) The person reasonably believed that the owner of the premises, or other person with authority to grant permission, would have authorized him or her to enter or remain; or
(2) The person was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any statute, ordinance, governmental rule or regulation, or court order, excluding delivery by the mails of the United States. This defense is available only if the person did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.
(E) It is not a defense under this section that the land or premises involved was owned, controlled or in custody of a public agency.
(F) It is not a defense under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.
(G) A violation of this section is a Class 1 misdemeanor subject to the penalties set forth in Article 1-8. (Ord. 09-1201, passed 12-14-09)