The crime of Trespass prohibits the entry in or around the property of another after having been forbidden to do so by the person in lawful control of the premises, whether directly or by posted notice.

Massachusetts General Laws Chapter 266, Section 120 punishes those convicted for the crime of Trespass with a imprisonment up to 30 days, and a fine of up to $100.

In order to prove the crime of Trespass, the prosecutor is required to prove:
  1. That, without right, the defendant entered or remained on the premises of another; and
  2. That the defendant was forbidden to enter or to remain there by the person in lawful control of the premises, either directly or by means of a posted notice.
If there is evidence of a posted notice, the prosecutor is not required to prove that the defendant actually saw a notice forbidding trespassing.  Rather, the prosecutor is only required to prove that there was a reasonably distinct notice forbidding trespass, and that it was posted in a reasonably suitable place so that a reasonably careful trespasser would see it.

If you have been charged with the crime of Trespass in Massachusetts, Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation.

To schedule a Free Consultation, Contact Us Online or call 617-325-9500.