1

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 at 22:25
3

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 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 at 22:15
  • BC he didn't include the whole law. – Putvi Apr 25 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 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 at 22:22

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