What Is Criminal Trespass in Indiana?

In Indiana, a criminal trespass occurs when a person intentionally enters or stays on another’s property without permission. In this context, the property could be a home, land, train, or vehicle. Per IC 35-43-2-2, it is also a criminal trespass if the offender:

• Intentionally or knowingly interfered with the use or possession of another’s property without the person’s consent.
• Intentionally or knowingly enters an agricultural facility without the property owner’s or authorized person’s consent.
• Trespasses on a scientific research facility and acts in a manner that causes property damage.
• Trespasses on another's property after being denied entry by a court order issued to the person or the public via visible signs posted on or around the property.

Indiana has multiple definitions for the crime of criminal trespass. However, such crimes are characterized by these elements:

• Intent
• Lack of permission to visit or remain on a property.
• Fencing and verbal or written notices, such as no trespassing signs, on a property.

Criminal trespass in Indiana could be a felony or misdemeanor, depending on the circumstances around the incident. It is generally a level 6 felony if the offender trespasses on a scientific research facility.

How to Look Up Public Criminal Trespass Records in Indiana

Interested persons may look up public criminal trespass records through online or offline resources provided by government entities. At the state level, the Indiana Court website maintains a searchable database for all cases handled within the trial courts. Persons seeking to access these records may follow these steps:

1. Visit the Indiana court search website.
2. Select any of these search options:
   1. Case search
   2. Name search
   3. Attorney search.
3. Input relevant information.
4. Choose the case type.
5. Click “Search” to bring up related information.

On the other hand, Indiana’s circuit courts and supreme court oversee criminal trespass cases. These courts may also function as record custodians. Thus, interested persons must use the record request resources provided by these courts.

Online searches for criminal trespass records are free on the state’s case search database. However, inquirers might need to pay search and copy fees to get physical copies of these records from county courts.

Note: Not all criminal trespass records are available to the public. The court may redact information about juvenile offenders and other sensitive details related to the incident.

Types of Criminal Trespass Offenses

Indiana statutes classify criminal trespass offenses based on the type of crime and the type of property involved in the incident.

Based on the offense type, criminal trespasses are divided into two categories: criminal trespass and computer trespass. The former involves unauthorized access to a physical entity like property or a vehicle. In contrast, computer trespass is the intentional access to a computer network or system without the owner’s consent.

Criminal trespass is also categorized into felonies and misdemeanors, depending on the type of property involved. It is a class 6 felony if the property is any of the following:

• A science research facility.
• Public utility facility.
• School property

It is also a class 6 felony if the property damage exceeds $750. For property damage that exceeds $50,000, the offender is guilty of a felony five offense.

Penalties for Criminal Trespass in Indiana

Indiana statutes impose penalties for criminal trespass. Persons convicted of criminal trespass may face imprisonment for a term ranging from a few months to three years. Additionally, offenders may be subject to fines of up to $10,000.

Note that penalties differ based on the number of prior convictions and the type and value of the property. A second-time offender may receive penalties for a class 6 felony. They might attract up to 3 years instead of the one-year maximum jail term for first-time offenders. The table below outlines the corresponding penalties for each felony class.

Can You Be Arrested for Criminal Trespass in Indiana?

Yes, criminal trespass is an arrestable offense in Indiana. Officers may arrest persons for criminal trespass under these conditions:

• The offender ignored the “no trespassing” sign and accessed a private area without authorization.
• The offender refused to leave despite repeated requests from a property owner or law enforcement officer.
• The offender was found on the property after a prior ban from accessing the property.

Not all arrests for criminal trespass happen while the offender is on the property. Offenders might later get arrested for the offense after evidence like surveillance footage and witness statements comes up.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Indiana

In Indiana, a criminal trespass offense is not the same as a burglary. Although both crimes involve unauthorized access to a property, they differ in terms of intention, severity, and penalty. Based on intention, criminal trespass is the unauthorized access to a property without the intention to commit a crime. In contrast, a burglary offense is one in which the offender breaks and enters a building with the intention to commit a felony or theft.

Criminal trespass offenses are relatively less severe since they typically do not result in severe injuries or death. Furthermore, they attract lighter penalties, such as sentences between six months and three years in jail. Burglaries are, however, more severe since the act could potentially lead to severe injuries to another person. Persons convicted of burglary offenses may receive sentences up to 40 years, depending on the severity of the case.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Indiana?

Yes, Indiana courts may dismiss or reduce charges for criminal trespass offenses. The court may consider factors such as the following:

• Nature and severity of the offense.
• Whether the offender is a first-time offender.
• The impact of the deferral or reduced sentence on the community.
• The probability of the offender repeating the offense.
• Any mitigating or aggravating circumstances.

Deferred adjudications or probation are an alternative to prison sentences. These programs come with conditions, such as completing community service or paying restitution fines.

Offenders who are unable to receive probation may qualify for expungement or sealing after completing their prison sentence.

Will an Indiana Criminal Trespass Charge Stay on Your Record?

There is no specific timeframe for how long a criminal trespass charge may stay on your record. Per IC 35-38-9-1, a criminal trespass charge (non-conviction) may qualify for expungement 60 days after dismissal or acquittal. However, criminal trespass conviction records may permanently stay on record until they are sealed or expunged.

The records are also publicly accessible, and this might have a lasting impact on record subjects. For instance, record subjects may experience social discrimination or lose opportunities as a result of their criminal conviction record. Case in point: persons convicted of criminal trespass may struggle with getting housing in security-vulnerable districts.

However, offenders may receive relief in the form of record sealing or expungement. These processes erase the record from public domains and remove the negative impact of such convictions.

Expungement or Record Sealing Options in Indiana

Indiana statutes automatically expunge criminal trespass crimes that did not lead to a court conviction. The automatic expungement occurs one year after the court dismisses or passes a not-guilty verdict for the crime. However, there’s a caveat, as the offender must not have a pending charge within the waiting period.

Persons convicted for criminal trespass may qualify for a Category 2 (misdemeanor) or a Category 3 (Class D or Level) expungement. For a misdemeanor criminal trespass, offenders must wait for five years after the conviction date. However, the waiting period for expunging felony criminal trespass offenses is 8 years.