(6)8.2.2 Trespassing in the Second Degree
A person is guilty of Trespassing in the Second Degree under this subsection if he or she willfully:
(a) enters or remains upon real property or premises after having been clearly notified by the owner, lawful occupant, or an authorized agent that such entry or presence is prohibited; or
(b) refuses to depart from real property or premises after being lawfully directed to leave by the owner, lawful occupant, or an authorized agent; and
(c) the person has been previously convicted of a crime of Trespassing in the first, second, or third degree; or
(d) the person is armed with a firearm or another dangerous weapon during this course of conduct; or
(e) the premises of which the offender trespasses constitutes a:
- public educational institution or higher education campus; or
- courthouse or courtroom; or
- funeral home; or
- State Department of Corrections or local jail facility.
(f) 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. For purposes of this subsection, posted signs such as “No Trespassing” or “Private Property” shall constitute sufficient notice where the sign is reasonably visible and actually observed by the person.
(g) This subsection shall not apply where the person enters or remains upon the property by lawful authority, necessity, or privilege, or in good faith under a reasonable belief that such entry or presence was permitted.
Trespassing in the Second Degree is a Class D Felony.