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

What must occur for second-degree trespass to be applicable?

1. The property must be fenced

2. The owner must have posted signs

3. The intruder must have been warned

4. Permission must not have been granted

The correct answer is: The intruder must have been warned

For second-degree trespass to be applicable, it is essential that the intruder has been warned against entering the property. Warnings can be in the form of verbal notices or indications that entry is not allowed. This principle is rooted in the idea that individuals should be given the opportunity to respect the property rights of others, and a warning establishes that the property owner has communicated their intent regarding the usage of their property. In the broader context of trespass laws, second-degree trespass typically involves a situation where a person enters the premises without permission after having been clearly informed that such entry is not permitted. This makes the act of warning a critical element in the determination of trespass in this degree, as it emphasizes the owner’s reasonable attempts to protect their property. While other factors such as whether the property is fenced or if there are posted signs may contribute to the overall security of the property, they are not the definitive criteria for second-degree trespass. The core element that distinguishes this type of trespassing is the acknowledgment of a warning against unauthorized entry.