I'm very interested in urban exploration. I never vandalize or damage property- I just love shooting video and sharing the story.
That being said, I want to visit as many abandoned amusement parks as I can around the USA. What happens if I get caught trespassing?
The only thing on my record is a few speeding tickets.
Arrest and prosecution but you know that already right?
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
I would suggest staying on public property and taking pictures from that vantage point or contact the owner of any particular property and get the owner's express permission (in writing preferably). Either way you will avoid potential arrest and prosecution.
While I certainly don't advocate breaking the law and trespassing upon private property, such as abandoned amusement parks, should you be caught and charged with trespassing, per La R.S. 14:63, here's what you're looking at as far as punishment for criminal trespass** goes:
The following penalties shall be imposed for a violation of this Section:
(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.
(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.
(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.
(4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.
(5) In addition to the foregoing penalties, and notwithstanding any other law to the contrary, a person convicted under this Section who has killed or otherwise misappropriated any wildlife, as defined by R.S. 56:8, in the course of commission of the offense shall forfeit the misappropriated wildlife to the law enforcement authority, and shall be ordered to pay the value of the misappropriated wildlife into the Conservation Fund of the Department of Wildlife and Fisheries in accordance with R.S. 56:40.1 et seq. The value of the wildlife that was misappropriated shall be determined by the guidelines adopted by the Wildlife and Fisheries Commission pursuant to R.S. 56:40.2.
**Keep in mind that it is entirely possible, if not likely, that the officer(s) who catches you, will add other charges beyond criminal trespass.
Why not go on a public website and ask what the penalty will be if you commit murder or rape. Attorneys cannot advise you to commit a crime because the penalty is not that bad. They can only advise you of your rights and defense after you have been charged. Stay off the internet.
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