(6)8.2.1 Trespassing in the First Degree

A person is guilty of Trespassing in the First Degree under this subsection if he or she willfully:

(a) enters or remains upon real property or premises without lawful authority, permission, or privilege; and

(b) does so with intent to commit, facilitate, prepare for, or survey the premises for the commission of a felony offense, whether or not the felony is ultimately attempted or completed.

(c) Intent under this subsection shall be proven by conduct or circumstances strongly corroborative of felonious purpose, including but not limited to prior threats, planning activity, possession of burglary tools or weapons, surveillance behavior, attempts to conceal presence, or coordinated activity with others; mere presence alone shall not constitute sufficient evidence of intent.

(d) Notice under this subsection may be provided by oral communication, written notice, posted signage, fencing, physical barriers, or other reasonably conspicuous means calculated to inform a reasonable person that entry or presence is forbidden; however, proof of prior notice shall not be required where felonious intent is otherwise established.

(e) This subsection shall not apply where the person enters or remains upon the property by lawful authority, necessity, or privilege, or where the evidence establishes mistake, accident, or non-criminal purpose absent intent to commit a felony.

(f) A conviction under this subsection shall merge with any conviction for burglary, attempted burglary, or other felony arising from the same conduct, and shall not be separately punished where the underlying felony is charged and proven.

Trespassing in the First Degree is a Class C Felony.