Indiana Code 35-43-2-2 states:

(c) A person has been denied entry under subsection (b)(1) when the person has been denied entry by means of:

(1) personal communication, oral or written;

(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public;

(3) a hearing authority or court order under IC 32‑30‑6, IC 32‑30‑7, IC 32‑30‑8, IC 36‑7‑9, or IC 36‑7‑36; or

(4) posting the property by placing identifying purple marks on trees or posts around the area where entry is denied.

Should this be taken to mean that a physical barrier (with out signage) does not deny entry?

Also as a second question how does no trespass signage affect delivery people, such as USPS, etc.

  • FWIW, the USPS is analytically different from the others (e.g. FedEx and UPS) because there is federal law related to mail delivery that has supremacy over state law. – ohwilleke Apr 26 '19 at 22:25

Should this be taken to mean that a physical barrier (with out signage) does not deny entry?

It seems that a physical barrier alone does not deny entry under subsection (b)(1). This entire section is defining when a person has committed criminal trespass. Apparently breaking through a fence with no sign does not constitute criminal trespass, unless one of the other sub-sections applies. But it may constitute simple trespass, and it may constitute some other offense, such as breaking and entering.

Note also that subsection (b)(4) adss a person who:

knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;

to the list of those who commit criminal trespass.

That might apply to a person who enters by damaging a fence.

Also as a second question how does no trespass signage affect delivery people

Section 2(g)(6)(B) exempts the owner's:

(i) family member;

(ii) invitee;

(iii) employee;

(iv) agent;  or

(v) independent contractor;

I would think that a delivery person would be either an invitee or an independent contractor. Or perhaps some other provision applies.

As for nearby provisions in the code, Section 35-43-2-1 defines "Burglary" in terms of breaking and entering with intent to commit theft or felony. Section 35-43-2-1.1.5 defines "residential entry" in terms of breaking and entering a dwelling. Section 35-43-2-1.3 deals with unauthorized computer access.

  • Yes to the delivery person being an invitee. Yes you are trespassing if you break in through a fence. – Putvi Apr 25 '19 at 22:13
  • @Putvi Breaking a fence would seem to fit the ordinary meaning of trespass, but the linked law code does not explicitly include it. – David Siegel Apr 25 '19 at 22:15
  • BC he didn't include the whole law. – Putvi Apr 25 '19 at 22:16
  • @Putvi It is not specified anywhere in the whole linked section, nor in the previous or succeeding sections. I have not, of course, reviewed the entire stae code of Indianian. – David Siegel Apr 25 '19 at 22:21
  • "(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;" – Putvi Apr 25 '19 at 22:22

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.