Alabama Private Investigator Practice Exam

True or False: Criminal trespass in the second degree occurs when someone unlawfully enters or remains in a building designed to exclude intruders.

1. True

2. False

3. Only if they are caught

4. Depends on the location

The correct answer is: True

The statement is true because criminal trespass in the second degree specifically involves unlawful entry into or remaining within a building that is clearly intended to exclude unauthorized individuals. This type of trespass is focused on the unlawful nature of the entry or presence and does not require any additional criteria such as being caught or contingent upon the location, as the primary factor is the intent and the action of entering or remaining without permission. The offense underscores the importance society places on respecting private property rights and maintaining the security of buildings designated for exclusion of unwanted guests. Thus, if an individual enters or remains in such a building without the owner's consent, it constitutes criminal trespass in the second degree.