Trespassing Laws: Is Setting a Booby Trap Okay?
This viral video shows a frustrated homeowner setting a booby trap on his property to stop a trespasser. Anyone can understand how upset he must be. He states that the individual has been trespassing on his property undeterred for three years! But is setting a booby trap okay? Not according to Attorney Ugo Lord.
What are Trespassing Laws?
Trespassing laws vary from state to state, but the basic principles apply. A person can be guilty of trespassing if they “willfully entered or remained on a person’s property with the specific intent of interfering with the owner’s property rights and actually interfered with their rights.”
It is often a secondary charge combined with burglary and vandalism. Aggravated trespassing is when you threaten to physically harm someone and then trespass on their property within 30 days of making those threats.
Here are some examples of situations that violate trespassing laws:
- Entering and remaining on someone’s land: You may be trespassing if you enter someone’s private property including their boat, fishing dock, or car, without permission
- Altering Objects on the Property: Cutting down trees, erecting buildings over property lines, and dumping debris are some examples of trespassing
- Interfering with Business Activities: You may not enter a business and interfere with activities by pestering customers or staff. If you are asked to leave and refuse to do so, you may violate trespassing laws.
- Refusing to Leave: If you enter a private property and are asked to leave but refuse to do so, you are trespassing.
Different Types of Trespassing
According to trespassing laws, there are different kinds of trespassing as follows:
- Criminal Trespass: Criminal trespassing occurs when someone enters your property with the intent to commit a crime
- Civil Liability Trespass: Examples include when a neighbor erects a building on your property or alters your property in another way.
Trespassing Defenses
A person may be deemed not guilty of trespassing if:
- They can prove they had a right to be on the property. For example, a union representative on a worksite may be asked to leave by the property owner. However, they can prove they have the legal right to be there.
- The defendant did not occupy the property when the trespass occurred. For example, a person who enters a business but does not interfere with the owner’s rights or business activities would not be guilty of trespassing. A person also cannot be convicted if asked to leave a property and is in the process of leaving when the arrest occurs.
A Booby Trap is Not the Way to Prevent Trespassing
Trespassers can be annoying, especially if they continue trespassing on your property after being asked to leave. But booby traps are not the way to deal with trespassers. They are illegal.
A booby trap is defined as any concealed or camouflaged device that is meant to cause injury to a person when triggered. Examples include guns, explosive devices, sharpened stakes, electrical devices, fumes, toxic gases, and ditches, such as the one the man in the video is digging.
You can use self-defense when someone enters your home illegally. However, if you create a trap on your property, you will be liable for damages and injuries. You may not think your booby trap is that dangerous, but if injuries occur, you will be liable.
How to Deal with Trespassers
Booby traps are not the way to deal with trespassers. Here are some effective legal remedies.
- Ask the person to leave
- Post No Trespassing signs
- Erect barriers to deter unauthorized visitors
- Use alarms and motion detector lights to scare off trespassers
- If you cannot get a trespasser to leave your property with other measures, you may file a civil lawsuit. The lawsuit may get you an injunction to prevent future trespassing. You may also receive monetary damages.