second degree; penalty.
(1) A person commits second
degree criminal trespass if, knowing that he or she is not licensed or privileged to do so,
he or she enters
or remains in any place as to which notice against trespass is given by:
(a) Actual communication to the actor; or
(b) Posting in a manner prescribed by law or reasonably likely
to come to the attention of intruders; or
(c) Fencing or other enclosure manifestly designed to exclude
intruders except as otherwise
provided in section 28-520.
(2) Second degree criminal trespass is a Class III misdemeanor,
except as provided for in subsection (3) of this section.
(3) Second degree criminal trespass is a Class II misdemeanor
if the offender defies an order to leave personally communicated to him or her by the owner of the
premises or other authorized person.
Source:Laws 1977, LB 38, § 120; Laws 2009, LB238, § 2.
In a trespass prosecution, a defendant may introduce evidence that an owner or other person empowered to license access to the property told the defendant that he or she could be on the property. Such statements are
verbal acts, i.e., nonhearsay statements, because they have legal
significance merely because they were spoken. State v. McCave, 282 Neb.
500, 805 N.W.2d 290 (2011).
An automobile, by itself, is not a "place" as to which notice against trespass may be given within the meaning of subsection (1)(c) of this section. In re Interest of W.D., 232 Neb. 581, 441 N.W.2d 608 (1989).
Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).