46.4026 Trespass.

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(a) A person commits the crime of trespass is he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

(b) A person does not commit the crime of trespass by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) actual communication to the actor; or

(2) posting in a manner reasonably likely to come to the attention of intruders.

(c) Trespass is a class B misdemeanor.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 569.140, 15 ASC 727.

Case Notes:

We conclude in this case that we are justified in applying the construction that appellant entered the house when he passed under the eaves with the criminal intent of viewing the occupant for possible sexual purpose. Tolo Bernard Aka Alapati Bernard v. Government of American Samoa, ASR (1980).