Legal Definitions - malicious trespass

Malicious trespass occurs when an individual intentionally enters or remains on another person's property without permission, with the specific intent to cause harm, annoyance, or damage to the property or its owner. It is distinct from simple trespass, which might be accidental or lack a harmful purpose, because it requires a deliberate malicious intent behind the unauthorized entry.

Here are some examples to illustrate malicious trespass:

• Example 1: A former business partner, feeling wronged after a dispute, sneaks onto the property of their old company after hours. Their intention is not merely to be present, but to intentionally disable a key piece of manufacturing equipment, causing significant production delays and financial loss for the business.

  Explanation: This illustrates malicious trespass because the individual not only entered the property without authorization but did so with the specific malicious intent to cause damage and harm to the business's operations and finances.

• Example 2: A group of individuals, protesting a local development project, repeatedly enters the private land designated for construction, despite clear "No Trespassing" signs and warnings from security. Their goal is not just to protest, but to intentionally disrupt the work by scattering debris, moving survey markers, and tampering with small tools, aiming to delay the project and increase costs for the developer.

  Explanation: This scenario demonstrates malicious trespass because the individuals are entering private property without permission with the express purpose of causing disruption, damage, and financial harm to the property owner and the project.

• Example 3: An individual holds a personal grudge against a homeowner. Knowing the homeowner takes great pride in their garden, the individual repeatedly climbs over the fence into the homeowner's backyard, not to steal anything, but specifically to pull up newly planted flowers and scatter trash across the lawn, aiming to cause distress and damage to the property.

  Explanation: This is an example of malicious trespass because the person is entering private property without authorization with the clear intent to annoy the homeowner and cause damage to their property.