Saturday, August 19, 2017
Different Types of Trespassing
Recently I was confronted by a San Francisco citizen who drove by me then backed up. I was sitting on the sidewalk eating resting my feet for a moment. She fired a series of questions at me. 1) Do I intend on staying in that location?
I told her "No", she replied "How long do you think you'll be there?". I told her about an hour.
She then repeated the first question , "Do you plan on staying in that location?" I pondered the question and relpied " well I'm considering the Trespass Option?" I don't think she found that funny ( I did) and so she asked " Do I plan on being there tonight?" I told her "No". She drove off it seemed.
Only to return 30 minutes later asking me again "Do I plan on staying in that location?" I looked at her and smiled seeming since her return I thought rationally like I seem to do. This was her neighborhood and thus she is a property owner not me. Just like the business man in L.A. who turned the sprinklers on while I slept outside one of his businesses. I thought that was cruel but still rationalized it as his property .
The lady saw my smile and me packing up my food. She apologized and told me that lately there have been several break in entry attempts and car damage. I told her I understand her looking out for the best interest of her neighbors (Neighborhood Watch), but I wanted her to get a gist that although she made no claims, judgements were made against all citizens sitting/laying on sidewalks. If she is concerned about her civil liberties, then the only correct option (other than me leaving which is what I was in the process of doing) would be to call the police and make a claim against me for trespassing.
This is why in the 'Dome Nation' ideal/concept a legislative difference must be made between 'homeless citizens trespassing' and other types of Trespassing. Below is an example of Criminal Trespassing in California. https://www.google.com/amp/s/paulgoree.wordpress.com/2015/08/26/homelessness-usa-maslow-theorem-iv-dome-nation-usa/amp/
California Criminal Trespass Laws
Penal Code 602 PC
California Penal Code 602 PC prohibits the crime known as criminal trespass. Put very simply,
you may commit the California crime of trespassing when you enter . . . or remain on . . .
someone else's property without permission or a right to do so.1
California trespass law sets out literally dozens of situations in which the offense of trespass may
take place...some that are common, and some that are highly unusual or even a bit bizarre.2
Here are some examples of behavior that can lead to criminal trespass charges under Penal Code
602 PC:
• Because of a personal grudge against a restaurant's owner, entering the restaurant and
creating a disturbance that drives other patrons away;
• Entering another person's unused garage without their consent, setting up a sleeping bag,
and sleeping there for several nights; and
• Threatening to beat up an ex-girlfriend and then, a few weeks later, going to her office,
apparently intending to behave violently toward her.
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