By Gloria James-Civetta

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Trespassing

3 min read

Trespassing is governed by the Penal Code. There are several types of trespassing offences.

1. Section 441 – Criminal trespass

Where a person enters into property that is owned by another with the intent to commit an offence or to intimidate the owner, or when he unlawfully remains in the property with the intent to intimidate the owner.

Under Section 447, a person convicted of this crime shall be imprisoned for up to 3 months, or fined up to $1,500, or both.

2. Section 442 – House-trespass

Where a person commits criminal trespass by entering into or remaining in a place used as a human dwelling, place for worship or place for the custody of property.

Under Section 448, a person convicted of this crime shall be imprisoned for up to 1 year, or fined up to $3,000, or both.

Under Section 449, if house-trespass was committed in order to commit an offence punishable with death, the convicted person shall be imprisoned for life or for up to 10 years, while also liable to a fine.

Under Section 450, if house-trespass was committed in order to commit an offence punishable with life imprisonment, the convicted person shall be imprisoned for up to 10 years, while also liable to a fine.

Under Section 451, if house-trespass was committed in order to commit an offence punishable with imprisonment, the convicted person shall be imprisoned for up to 2 years, while also liable to a fine. If the intended offence to be committed was theft, then term of imprisonment may be extended to 7 years.

Under Section 452, if house-trespass was committed after preparation for causing hurt to any person was made, the convicted person shall be imprisoned for up to 7 years, while also liable to a fine.

3. Section 443 – Lurking house-trespass

Where a person who commits house-trespass has taken precautions to conceal the house-trespass from a person who has the right to eject the trespasser from the property.

Under Section 453, a person convicted of this crime shall be imprisoned for up to 2 years and shall also be liable to a fine.

Under Section 454, if lurking house-trespass was committed in order to commit an offence punishable with imprisonment, the person convicted shall be imprisoned for up to 3 years, while also liable to a fine. If the intended offence to be committed was theft, then term of imprisonment may be extended to 10 years.

Under Section 455, if lurking house-tresspass was committed after preparation for causing hurt to any person was made, the convicted person shall be imprisoned for between 2-10 years and caned.

4. Section 444 – Lurking house-trespass by night

Where a person commits lurking house-trespass between 7pm-7am.

Under Section 456, a person convicted of this crime shall be punished with imprisonment of up to 3 years and shall be liable to a fine.

Under Section 457, if lurking house-trespass by night was committed in order to commit an offence punishable with imprisonment, the convicted person shall be imprisoned for up to 5 years, while also liable to a fine. If the intended offence to be committed was theft, then term of imprisonment shall be between 2-14 years.

Under Section 458, if lurking house-trespass by night was committed after preparation for causing hurt to any person was made, the convicted person shall be imprisoned for between 2-14 years and caned.

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