What Is the Difference Between Trespass on Posted Property and Wanton Trespass?
Maryland has two primary trespassing statutes, and they are not the same. Trespass on posted property is charged under Criminal Law § 6-402. Wanton trespass on private property is charged under Criminal Law § 6-403. Both are misdemeanor offenses, but they require different proof. Understanding which statute applies matters because the notice requirement and the available issues differ.
Trespass on Posted Property Under § 6-402
Section 6-402 prohibits entering or remaining on property that is conspicuously posted against trespass. Posting can be done with signs placed where they can reasonably be seen, or with paint marks that meet the requirements of the Department of Natural Resources. The State must prove that the property was properly posted and that the accused entered or remained without permission. A first violation carries a maximum penalty of 90 days in jail and a $500 fine. A second violation within two years carries a maximum penalty of 6 months and a $1,000 fine. Subsequent violations within two years carry a maximum penalty of 1 year and a $2,500 fine.
Wanton Trespass Under § 6-403
Section 6-403 does not require posting. It prohibits entering or remaining on private property after receiving actual notice from the owner or the owner’s agent not to do so. The statute also covers boarding a boat or other marine vessel of another after receiving notice. The maximum penalties are the same as those under § 6-402: 90 days for a first offense, 6 months for a second offense within two years, and 1 year for subsequent offenses within two years. The statute states that it prohibits only wanton entry. A good-faith claim of right or ownership is a defense to the entry provision.
Key Differences Between the Two Statutes
The main difference is the type of notice required. Section 6-402 requires that the property be conspicuously posted. Section 6-403 requires actual notice from the owner or agent, which can be verbal or written. Because the notice requirements differ, the evidence the State must present also differs. In a posted-property case, the State focuses on the placement and visibility of signs or paint marks. In a wanton-trespass case, the State focuses on whether and how the accused was told not to enter or remain. Both statutes allow the same escalating maximum penalties for repeat offenses within a two-year window.
Where Are Trespassing Cases Heard in Baltimore County?
First-offense trespassing cases under either statute are heard in District Court in Towson, Essex, or Catonsville. Because the maximum penalty for a first offense is 90 days, the defendant does not have a right to a jury trial on that charge alone. A second or subsequent offense that carries a maximum penalty above 90 days can be moved to the Circuit Court for Baltimore County in Towson by a jury-trial prayer.
Common Issues in Trespassing Cases
Common issues include whether the property was properly posted, whether actual notice was given, whether the accused had permission or a reasonable belief of permission, and whether the accused entered under a good-faith claim of right. Identification of the accused and the credibility of the property owner or agent are also frequent questions. The lawfulness of any search or statement can matter if evidence was obtained after the encounter.
What to Do If You Are Charged with Trespassing in Baltimore County
If you are charged with trespassing on posted property or wanton trespass in Baltimore County, the charging document will show which statute is alleged and which District Court location was assigned. Shepard Law represents clients facing these charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. We can review the charging document and explain the differences between the two statutes as they apply to your case.
Under § 6-402, the State must prove that the property was conspicuously posted. The statute does not require proof that the accused actually saw the signs. The question is whether the signs or paint marks were placed where they could reasonably be seen.
Yes. The State can charge both statutes if the facts support each one. Section 6-402 focuses on posting. Section 6-403 focuses on actual notice. The charges have different elements.
Actual notice is a communication from the owner or the owner’s agent telling the person not to enter or remain on the property. It can be verbal or written. The State must prove that the notice was given and that the accused then entered or remained on the property.
Yes. Both statutes require that the entry or remaining was without permission. A reasonable belief that the accused had permission, or a good-faith claim of right under § 6-403, can be a defense. The specific facts of how the belief arose matter.
Yes. Both § 6-402 and § 6-403 use the same penalty structure. A first offense has a maximum penalty of 90 days. A second offense within two years has a maximum penalty of 6 months. Subsequent offenses within two years have a maximum penalty of 1 year.
Yes. Shepard Law represents clients facing trespassing charges under both § 6-402 and § 6-403 in Baltimore County. Call (410) 648-4008 to schedule a free, confidential consultation.
