Trespassing or B&E?

[shortyforty]

My property is completey fenced/gated and locked 24/7. If someone jumps/hopps my fence/gate and does damage to my fence or gate, i.e.bend top/rail are they guilty of a crime? Trespassing or breaking and entering?

[NuGunner]

Vandalism and trespassing. Both are misdemeanors. Hopefully some of our senior Officers can chime in here too. I've always been confused with the signage requirements under the 602(L) PC - Trespassing.

[Ron-Solo]

FYI, there is no crime of "B&E" or breaking and entering in California. That's a tv term, just like the word "collar" for an arrest. In 32 years of LE the only time I heard the word collar used was on tv.

You have burglary, which involves a structure or in your case, a trespass. The damage to the fence might be vandalism, depending on the circumstances.

[Invisible_Dave]

The sceniero, as stated, is trespass with vandalism IMO. PC459 burglary would require the person to be entering with the intent to commit theft or any other felony. If they hopped a fence that's trespass which falls under PC602. Google those PC and interpret for yourself.

[nickbackouris]

As you stand there and watch them jump your fence, Burglary just isn't there. You have misd vandalism at best so far.

When you go outside and tell at them to get off your property, and they don't, now you have trespassing also. Other thing can complete trespassing also, like signage.

Every situation is different, because who is involved is different, making the entire situation unique.

Are we talking about kids who threw a ball over a fence, hobos with no purpose, or a gangster running from the cops?

[P5Ret]

Like others have said Trespassing as long as there are signs. The damage to the fence has to be intentional for vandalism if I recall correctly. If it was damaged as someone climbed over it then it is included in the trespassing charge.

[jaandrade3rd]

Clearly a fence is meant to keep people out. Why is a sign necessary?

[oddjob]

Based on the scenario given....I'm voting for no crime at all.

[CSACANNONEER]

Trespass is not always a crime. I do it almost daily as part of my job. I have the legal right to do so whenever and wherever I need to. No probable cause, no warrant, no easement, etc. So, the real answer to your question is not as cut and dry as you might like it to be.

[KWalkerM]

Trespass is not always a crime. I do it almost daily as part of my job. I have the legal right to do so whenever and wherever I need to. No probable cause, no warrant, no easement, etc. So, the real answer to your question is not as cut and dry as you might like it to be.

Where do you work?

[9mmepiphany]

Clearly a fence is meant to keep people out. Why is a sign necessary?

A fence can just as easily be meant to keep people in.

It can also be used to delineate a boundary or define an area

[nickbackouris]

Crimes have elements. If you read the penal codes, you will see. All elements have to be met for the crime to be chargeable and "complete".

Part of the elements of trespassing is you (or your signs or equivalent) make it clear to someone they aren't allowed in.

[nickbackouris]

Oh yea, fences are also designed to keep dogs in.

Without any more details, I'm not arresting anyone.

[9mmepiphany]

...and don't be this guy in FL who had a very different understanding

Florida man kills door-to-door salesman: I’ll kill anybody that steps on my property

http://www.rawstory.com/rs/2012/07/2...n-my-property/

[CSACANNONEER]

Where do you work?

Google "California surveyor's right of entry". Of course, that does not allow anyone to damage another's property.