In Massachusetts, under M.G.L. c. 266, § 120 a person can be convicted of Trespassing if the Commonwealth proves two elements beyond a reasonable doubt. First, the Commonwealth must prove that the Defendant entered or remained in or upon the property (dwelling house, buildings, boats, improved or enclosed land) of another. Second, the Commonwealth must prove that the Defendant was forbidden to do so by the person who has lawful control of the premises, whether directly or by posted notice. However, if a Defendant was not properly notified to stay off the premises in question, or perhaps they had a legal right to enter the premises, they are not guilty of trespassing.
Trespassing carries the following potential penalties:
- Fine of not more than $100
- Imprisonment for not more than 30 days
- Both fine and imprisonment
If you have been charged with trespassing contact our office immediately: