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

Which is a key factor in determining first-degree trespass?

1. Entering without permission

2. Intent to commit a crime

3. Intent to keep intruders out

4. Making noise to disturb the peace

The correct answer is: Intent to keep intruders out

The key factor in determining first-degree trespass is the intent to commit a crime. In legal terms, first-degree trespass involves entering premises with the purpose of committing an unlawful act or with the intent to harm or annoy someone on that property. This means that if an individual enters a property without permission intending to commit a crime, such as theft or vandalism, this clearly qualifies as first-degree trespass. While entering without permission is certainly a significant aspect of trespass, the intent behind the entry is what elevates the charge to first-degree trespass. In this context, the focus on malicious intent plays a pivotal role in the legal consequences faced by the individual involved. Other options, such as making noise to disturb the peace or attempting to keep intruders out, do not fully encapsulate the legal definition of first-degree trespass as they do not center on the unlawful purpose behind entering the property.