Juvenile Trespassing in Michigan

Trespassing is a criminal offense in Michigan. Michigan Compiled Laws (MCL) 750.552 states that an individual shall not enter the land or premises of another after being forbidden to do so by the owner, or occupant, or shall not remain on the premises of another after being asked to leave. Properties may include residential, business, educational institutions, hospitals, or any public or private property. It’s important to note that property owners do not have to be home. In other words, a person may be charged with trespassing if they are on any property without permission.

Examples of Juvenile Trespassing

Michigan considers anyone under the age of 18 a juvenile. However, teenagers as young as 14 have been tried in adult court for very serious crimes. Fortunately, trespassing is rarely a serious crime that requires adult court. Examples of juvenile trespassing may include:

• Entering an abandoned building- Sometimes teens or pre-teens may do this for the adventure, out of curiosity, or to party. Regardless, this is a crime and may be dangerous. One never knows who else may be in this building. Also, entering without the owner’s permission is a crime.
• Sneaking into a game or concert without a ticket- Once again, when you don’t have permission to be there, it is trespassing. The minor may simply be kicked out, or the police may be called.
• Skipping school and hanging out on private property- During school hours, the police may spot teenagers hanging out on private property. This is trespassing.
• Entering school after hours without permission- This is trespassing unless the student has a scheduled activity at that time.
• Entering a neighbor’s yard- If a minor enters a neighbor’s yard without permission, this is trespassing. Depending on the neighbor, if a ball accidentally goes into a neighbor’s yard, you may retrieve it. However, with some neighbors, you may need to ask permission. Once again, it depends on the relationship between the neighbors. Naturally, if a three year old wanders into the next door neighbor’s yard, it is not a criminal act. However, a sixteen year old has the common sense to know which neighbors would have a problem with this. To be honest, this is not a serious crime. However, if you have an unstable neighbor, ask permission before entering their yard.
• Remaining at a party when asked to leave- When a teen is asked to leave a party, they must do so. Otherwise, the police may be called to remove them. There may be a trespass charge in this situation. Basically, don’t go where you are not invited and leave when asked to do so.

Legal Ramifications Regarding Juvenile Trespassing

Like adults, juveniles may be convicted of entering someone else’s property without permission. However, juveniles have a separate court system known as juvenile court. More specifically, the state’s Family Division of the Circuit Court handles juvenile cases. This court focuses more on rehabilitation and records are usually sealed. Since this is a legal matter, it remains wise to contact an experienced attorney to guide you through the legal system.

Civil vs. Criminal Trespassing

Michigan classifies trespassing as civil or criminal depending on case circumstances. Civil trespassing occurs when a juvenile enters private property and doesn’t cause any harm. For example, a group of friends hanging out in an abandoned shed. If they broke a board in the shed, or left a mess, they would be expected to pay for the damage. On the other hand, criminal trespass involves more serious offenses. In these cases, a minor may have ignored a no trespassing sign and entered a restricted area. Generally, that’s a misdemeanor with the following possible consequences:

• Fines
• Community service hours
• Probation
• Counseling

If the teenager committed any other crimes after trespassing, then the misdemeanor may become a felony. For example, spray painting walls or damaging property. Obviously, this is very serious. As a result, contact an experienced juvenile defense attorney for guidance with this matter.