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The crime of trespassing is defined pursuant to the statute as: ?Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, [?] after having been forbidden so to do by the person who has lawful ...
In the Commonwealth, trespassing is considered a property crime and the criminal statute prohibiting trespass has been codified in G.L. c 266 § 120. The penalty for trespassing in Massachusetts includes a fine of not more than one hundred dollars or by up to 30 days in prison or by both fine and imprisonment.
The elements of trespass are: (1) the plaintiff's ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the ...
Under the law, a formal notice must be communicated, either by posting a no trespassing sign on the property, or otherwise by direct notification. Trespassing on public property such as state land or state controlled institutions has a penalty of up to 3 months in prison.
Refer to Massachusetts General Laws Chapter 266, Section 120. You must deliver the completed and signed notice to the person being trespassed. You must also deliver a signed copy of the trespass notice to the Police Department. There is additional information on the form.