Chapter 9.24TRESPASS AND VEHICLE PROWLING

Sections:

9.24.010
Intent.
9.24.020
Definitions.
9.24.030
Trespass – Designated.
9.24.040
Trespass – Defenses.
9.24.050
Vehicle prowling – Defined.
9.24.060
Knowledge.
9.24.070
Complicity.
9.24.080
Violation – Penalty.
9.24.010Intent.

A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a violation of this chapter.

(Ord. 738 § 1, 1978)

9.24.020Definitions.

A. Enter. The word “enter,” when constituting an element or part of a crime, includes the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.

B. Enters or remains unlawfully. A person “enters or remains unlawfully” in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

D. “Premises” means and includes any building, dwelling, or any real property.

(Ord. 738 § 4, 1978)

9.24.030Trespass – Designated.

A person is guilty of trespass if he knowingly enters or remains unlawfully in or upon premises of another.

(Ord. 738 § 5, 1978)

9.24.040Trespass – Defenses.

In any prosecution under this chapter it is a defense that:

A. A building involved was abandoned; or

B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

C. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

(Ord. 738 § 6, 1978)

9.24.050Vehicle prowling – Defined.

A person is guilty of vehicle prowling, if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.

(Ord. 738 § 7, 1978)

9.24.060Knowledge.

A person knows or acts knowingly or with knowledge when:

A. He is aware of a fact, facts, or circumstances or result described by this chapter; or

B. He has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by this chapter.

(Ord. 738 § 2, 1978)

9.24.070Complicity.

A. A person is guilty of violation of this chapter if the acts which constitute the violation are committed by the conduct of another person for which the person is legally accountable.

B. A person is legally accountable for the conduct of another person when:

1. Acting with the kind of culpability that is sufficient for the commission of the offense described in this chapter, he causes an innocent or irresponsible person to engage in such conduct; or

2. He is an accomplice of such other person in the commission of the violation of this chapter.

C. A person is an accomplice of another person in the violation of this chapter if, with knowledge that it will promote or facilitate the commission of the violation of this chapter, he:

1. Solicits, commands, encourages, or requests such other person to commit it; and

2. Aids or agrees to aid such other person in planning or committing it.

D. Unless otherwise provided a person is not an accomplice in the violation of this chapter committed by another person if:

1. He is a victim of the violation; or

2. He terminates the complicity prior to the commission of the violation of this chapter, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the violation of this chapter.

E. A person legally accountable for the conduct of a another person may be convicted on proof of the commission of the violation of this chapter and of his complicity therein, though the person claimed to have committed the violation of this chapter has not been prosecuted or convicted or has been convicted of a violation of a different ordinance or has an immunity to prosecution or conviction or has been acquitted.

(Ord. 738 § 3, 1978)

9.24.080Violation – Penalty.

Any person found guilty of trespass or vehicle prowling as defined in this chapter shall be fined in an amount not to exceed five hundred dollars.