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Intention: An act does not constitute trespass to person unless it is done with intention. Thus intention is the chief criteria for trespass to person. If there is an intention behind committing a trespass then it is actionable per se and the plaintiff need not proof any specific or particular damage.
Basic trespassing charges in Mississippi are charged as misdemeanors, and a conviction for trespassing can bring a sentence of up to six months in jail and a $500 fine.
Format for Legal Notice for Trespassing SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____. Dear Sir/ Madam, Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section 441 of the Indian Penal Code.
(1) Any person who shall be guilty of a willful or malicious trespass upon the real or personal property of another, for which no other penalty is prescribed, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned not longer than six (6) months in the county jail, or both.
In addition to clearly stating that the letter recipient is not allowed on your property, your No Trespassing letter should contain: The date the letter is effective, the offender's name and the address of the premises that are off limits. Always send No Trespassing letters through certified mail and keep the receipt.