North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What distinguishes first degree trespass from second degree trespass?

1. Entering an unenclosed property

2. Intent to scare the public

3. Notification to leave the premises

4. Entering a property intended to keep intruders out

The correct answer is: Entering a property intended to keep intruders out

First degree trespass is characterized by entering or remaining on a property that is specifically designed to deter intruders, such as an enclosed area with physical barriers like fences or signage indicating restricted access. This distinction is significant because it reflects a higher level of intrusion compared to second degree trespass, which typically involves entering an open or unenclosed property without lawful authority or permission. In the context of the law, the requirement of entering a property meant to keep intruders out elevates the severity of the act, as it demonstrates a blatant disregard for the property rights of the owner. This is crucial in establishing the intent behind the trespass and the potential for greater legal consequences. Conversely, the other options describe scenarios that lack the same level of unlawful intent or intrusion into secured spaces, indicating why they do not define first degree trespass effectively.