37. As to Trespass Law, Is the Pennsylvania Legislature Useless?

As to the trespass law, is the Pennsylvania Legislature useless?

The trespass law is useless as far as abandoned structures are concerned. Here is why. The law actually  has these words:  "Defenses.--It is a defense to prosecution under this section that: (1) a building or occupied structure involved in an offense under subsection(a) of this subsection was abandoned." See PA Crimes Code 3503(c).

How or why those words are in the law no one is able to explain.

For what purpose does it serve? It serves to make the trespass law unenforceable as it relates to an abandoned property.

The reality is that the law gives license to squatting. Instances of confused and chaotic persons without purpose or any other priority than to remain in the shadows contribute to the injury that an abandoned property causes to a community. As often as not it is not the matter of a woe begone homeless person but a group of persons who trespass and take primitive shelter. Neighbors are likely intimidated by such groups. Sometimes these groups are a "family" with children.  A municipality might become aware of their existence when the condition of children from the family are reported by school district. Then it is discovered there is no electricity or water or heat or sewer services to the residence in an abandoned structure. Human feces accumulates maybe in a cellar, maybe elsewhere. Household waste accumulates somewhere in or on the structure's lot. But, the first brick in creating an ordered society for citizens in a municipality does not exist. Why? It is a defense to trespass to do so in an abandoned structure. Ironically, it is now occupied.

Even in the case where the structure owner is known and is out of state or across state, if they do not concur in a complaint before the District Justice or the Court of Common Pleas, the trespass law cannot be used by the police.

Maybe, just maybe, if there was a brick to be used in  building the wall of ordered society, the trespass law is a place to start.

How did the writer become aware of this defect in the law? An acquaintance lived in a neighborhood with a house in the foreclosure, tax delinquency cycle. It was empty. It had been for years. When the mortgager disappeared and stopped paying the real estate taxes the house finally was scheduled for Judicial Tax Sale. With that the public notice for the Judicial Tax Sale was republished in various internet websites. That prompted persons to view the property but all too often doing so was not limited to doing so from a public access. The house was trespassed. All the police could do was to investigate and confirm the  trespass. 

The telltale evidence of squatting and trespass is the mattress. Perhaps the fire damage was the result of actions by the trespasser.

A solution would be to add the words "except when posted by the police of a municipality" to the trespass law.

Defenses.--It is a defense to prosecution under this section that: (1) a building or occupied structure involved in an offense under subsection(a) of this subsection was abandoned except when posted by the police of a municipality." See PA Crimes Code 3503(c).

Pennsylvanians should contact their members of the legislature and urge them to amend the law with those 9 words. 

9 words to make the Pennsylvania Legislature useful in protecting life and property. 

9 words to give a brick to law enforcement in the wall for an ordered society.