Legal Definitions - mishering

The term mishering refers to the act of unlawfully entering another person's land or property with the specific intent to commit theft. It is essentially a form of criminal trespass combined with the intent to steal, often implying a surreptitious or clandestine entry. This term is closely related to, and often used interchangeably with, miskering.

Here are some examples to illustrate the concept of mishering:

• Example 1: Theft of Agricultural Products

  A person, under the cover of darkness, climbs over a fence onto a private vineyard. Their intention is to fill several large containers with grapes to sell at a local market without the owner's knowledge or permission.

  This illustrates mishering because the individual unlawfully entered the vineyard (private land) with the clear intent to steal the grapes (property).

• Example 2: Stealing from a Commercial Property

  After a landscaping company has closed for the day, an individual cuts a lock on the gate of their outdoor storage yard. They then proceed to load several bags of expensive fertilizer and a leaf blower, left by the company, into their vehicle.

  This is an act of mishering because the person gained unauthorized entry onto the commercial property (land) with the purpose of stealing valuable supplies and equipment.

• Example 3: Unauthorized Removal of Natural Resources

  A group of individuals drives an off-road vehicle onto a marked private forest property, bypassing a "No Trespassing" sign. They then use axes and saws to cut down several young pine trees, intending to use them as Christmas trees for sale.

  This scenario demonstrates mishering as the individuals unlawfully entered the private land (forest) with the explicit intent to steal the trees (property) by cutting them down.