Guam Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass

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Multi-State
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US-02586BG
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Description

Trespass to personal property may be defined as intentionally dispossessing another of the property, or using or intermeddling with the property in the possession of another. One may be guilty of such trespass under the following conditions:

" He dispossesses the other of the property, or

" The property chattel is impaired as to its condition, quality, or value, or

" The possessor is deprived of the use of the property for a substantial time, or

" Bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

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FAQ

18 U.S. Code 1752 says, ?whoever knowingly enters or remains in any restricted building or grounds without lawful authority to do so with the intent to impede or disrupt the orderly conduct of Government official functions, engages in disorderly or disruptive conduct in, or within proximity to, any building or grounds ...

For a defiant trespasser, the offenses are either a first-degree misdemeanor or a third-degree misdemeanor. First-degree misdemeanor charges are punishable by up to 5 years of jail time, and fines of $10,000. Third-degree misdemeanors are punishable by jail time up to 1 year and fines up to $2,000.

(b.1) Simple trespasser.-- (iii) defacing or damaging the premises. (2) An offense under this subsection constitutes a summary offense.

Whoever, without lawful authority or permission, goes upon any national-forest land while it is closed to the public pursuant to lawful regulation of the Secretary of Agriculture, shall be fined under this title or imprisoned not more than six months, or both.

The Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.

18 U.S. Code § 1382 - Entering military, naval, or Coast Guard property. Shall be fined under this title or imprisoned not more than six months, or both.

(a) A person commits an offense if, knowing that he or she is not licensed or privileged to do so, he or she enters or surreptitiously remains in any building or occupied structure. An offense under this subsection is a misdemeanor if it is committed in a dwelling at night. Otherwise it is a petty misdemeanor.

Warning may be given by the property owner or by a person authorized to do so by the property owner, including an Orlando Police officer if the procedure outlined in this directive is properly followed. A warning may be in writing (by issuing a Trespass Warning form ? see Attachment A) or may be verbal.

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Guam Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass