Joey's family owns several acres of property in the Pocono Mountains of Pennsylvania. Joey often hunts, hikes, and rides snowmobiles throughout the family property. One snowy afternoon, Joey rides his snowmobile onto the neighbor's property
If Joey is unaware that he crossed onto his neighbor's property, can he be guilty of trespassing? What if an old "No Trespassing" sign were nailed to a tree?
The actus reus of trespassing is satisfied when a personeither enters or remains on another's privateproperty without permission. Joey is on his neighbor's property without permission. Depending on whether Pennsylvania is a general or specific intent offense there may or may not be a specific mens rea that the prosecutor is required to prove.If a person is given notice that entry is forbidden and enters anyway, then the mens rea is presumed. If in Pennsylvania, trespassing is a general intent offense than the sign would prove to be evidence of notice. If I Pennsylvania, criminal trespass is considered a specific intent offense, the prosecutor would need to prove that the sign was in a conspicuous place in order to prove intent by Joey.
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