private property

[Ohiogal]

The other thing to realize is that there is CRIMINAL trespass and civil trespass. Civil trespass comes into effect in tort cases for instance. Criminal trespass is a crime. While there may be civil trespass that is not going to help OP. Criminal trespass is not what this is.

 

[justalayman]

By the letter of the law, entering any property without, as the statute states, privilage, is a criminal trespass; 4th degree misdemeanor specifically. I quoted the pertinent law.

2911.21

To remove any question, op can post a sign. Once the sign is posted, there is no question that anybody that enters the property without express permission is trespassing. Again, it is not likely the police are going to respond to a call for a jehova's witness knocking on your door even though it is trespass. It will likely take a person refusing to leave once told to do so before the police would respond to a call.

 

[Ohiogal]

By the letter of the law, entering any property without, as the statute states, privilage, is a criminal trespass; 4th degree misdemeanor specifically. I quoted the pertinent law.

2911.21

To remove any question, op can post a sign. Once the sign is posted, there is no question that anybody that enters the property without express permission is trespassing. Again, it is not likely the police are going to respond to a call for a jehova's witness knocking on your door even though it is trespass. It will likely take a person refusing to leave once told to do so before the police would respond to a call.

The statute has been further defined by caselaw. I can find more.

 

[154NH773]

Traditionally the American law punishes persons who enter onto the property of another after having been warned by the owner to keep off. * * * We know of no state which, as does the Struthers ordinance in effect, makes a person a criminal trespasser if he enters the property of another for an innocent purpose without an explicit command from the owners to stay away. The National Institute of Municipal Law Officers has proposed a form of regulation to its member cities which would make it an offense for any person to ring the bell of a householder who has appropriately indicated that he is unwilling to be disturbed. This or any similar regulation leaves the decision as to whether distributers of literature may lawfully call at a home where it belongs — with the homeowner himself. A city can punish those who call at a home in defiance of the previously expressed will of the occupant

In other words; post a sign prohibiting trespass, and you have rescinded any "implied" (or inferred) permission to do so. Without such a warning there is an implied permission to enter. Once you have warned against trespass, it becomes a criminal act to do so, and you can have a person arrested if they trespass.

 

[scuba dad]

What percent of the general public is aware that walking through their neighbors front yard is a crime. Would that not be innocence from non knowledge? What about your pet on your neighbors yard? ORC 959.04 Trespassing animals.

 

[justalayman]

What percent of the general public is aware that walking through their neighbors front yard is a crime. Would that not be innocence from non knowledge? What about your pet on your neighbors yard? ORC 959.04 Trespassing animals.

KNOWINGLY entering the property of another


the basis of all trespassing laws is quite simple: if it is not your property and you do not have permission to enter for some legitimate reason, you have no lawful right to be there.

My state relaxes that a bit by requiring there be actual notice to the trespasser they do not have permission. That can be either through a posting of a sign or by a verbal statement.

as the Ohio statute states:

(A) No person, without privilege to do so, shall do any of the following:

(1) Knowingly enter or remain on the land or premises of another;

 

[disneykid52]

Private yeah right,,,Never heard of a cop or the mail person getting arrested for trespassing

 

[justalayman]

Private yeah right,,,Never heard of a cop or the mail person getting arrested for trespassing

You have to understand, in the bigger picture, what privilege is. If you have a mailbox on your house, that is implied permission you want the mail put in it. Obviously that means the mailman is going to have to enter your property to do that. You can refuse to allow the mail to be delivered to your door. No problem at all.

you can also prohibit police without privilege from entering your property. You simply have to understand what is considered "privilege" when it comes to police activity. If they have "privilege", then they can and will enter. If they do not have privilege, then you can report their activity as trespassing if you so choose. I have a drive that connects two streets. The police used to cruise through for some reason. I told them to keep out unless they were invited or had official business with me or residents of my household. They no longer use the drive.

 

[154NH773]

What percent of the general public is aware that walking through their neighbors front yard is a crime.

Where did you get that it is a crime to walk through your neighbor's property. I don't recall anyone saying that. It is not a crime (in most states) unless you are given notice not to trespass, either by sign or verbal notice.

In my state (NH) you can trespass on another's property, and the owner cannot be held liable, for purposes of sport (hunting, etc.) unless the property is posted. The law on criminal trespass says;
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor if the person knowingly enters or remains.
(1) In any secured premises;
IV. As used in this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

So it depends on what "privilage" is, and as i previously said, and the caselaw stated, privilage is implied unless it is specifically denied by posting or direct notification.