Somebody tells me to not come on their property. When does the warning expire? The statute of limitations is about a year, is that enough?
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2Why do you think it would expire? If someone tells you to get off their property, why do you think it would not be a permanent ban?– AndyCommented Feb 9, 2020 at 22:07
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@Andy what if they changed their mind, what if a new owner moved in, what if its too long to remember?– user29716Commented Feb 10, 2020 at 1:05
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1@bluejayke Then the OP can ask if he's allowed back or not. Once you're told you need to stay off unless otherwise told later. If there's a new property owner, they can ask that owner, but until then should assume they aren't allowed back (even if they technically might be allowed back). And it would be the OPs responsibility to remember they were told, no matter how long ago. Of course the safest assumption is that you shouldn't enter private property unless you've been invited, that will avoid any issues.– AndyCommented Feb 10, 2020 at 1:34
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@Andy yea but the law is that after "a warning" you can be arrested for trespassing, but why should the warning of a previous owner apply for a new owner? Perhaps they have different policies, the first owner didn't allow anyone on, but the new one didn't. Althogh in general one shouldn't trespass anywhere, but can you be instantly arrested for doing it again, if its widely known that there is a new owner?– user29716Commented Feb 10, 2020 at 2:00
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@bluejayke I didn't say it would apply after a new owner, but that relies on the OP knowing there's a new owner, which he may or may not know, and may have to risk trespassing to find out.– AndyCommented Feb 10, 2020 at 2:04
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1 Answer
The crime of trespass carries with it the "warning" requirement (alternatively, no warning is needed if you enter "with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act"). There is no expiration for the oral warning, though the warning method only applies to a "guest", defined as "any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight", (and excluding tenants). It is reported that Clark County prosecutors tend not to prosecute casino trespass cases where the warning is more than a year old, but in principle a permanent ban is possible (hence, call your attorney to negotiate a return, if that is the applicable context).
A civil lawsuit over trespass is also possible, and in that case there is no prosecutor exercising discretion to prosecute or not. Instead, the plaintiff can pursue the case anytime, as long as it is within the statute of limits: an oral or written warning does not "expire".
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"within the statute of limits" would be for example some years after the trespass, not some years after the warning, right? Commented Feb 10, 2020 at 12:44