Quote Originally Posted by jamessr
9A.52.080. Criminal trespass in the second degree


(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(2) Criminal trespass in the second degree is a misdemeanor.


HISTORY: 1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 § 9A.52.080.

NOTES: EFFECTIVE DATE -- 1979 EX.S. C 244: See RCW 9A.44.902.

IN GENERAL.

Washington places important emphasis on a person's right to exclude others from his or her private property, regardless of the size or developed state of that property. State v. Johnson, 75 Wn. App. 692, 879 P.2d 984 (1994), review denied, 126 Wn.2d 1004, 891 P.2d 38 (1995).

The matter of trespass to private property is primarily of state and local concern; state and local laws, not federal laws, govern trespass issues. State v. Johnson, 75 Wn. App. 692, 879 P.2d 984 (1994), review denied, 126 Wn.2d 1004, 891 P.2d 38 (1995).
Probable cause exists where the facts and circumstances within the knowledge of the police are sufficient to warrant a person of reasonable caution in a belief that an offense has been committed. Theft is to "wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services[.]" 17 Here, Engebretson took electricity from the house next door after the landlord had unplugged her cord, and after she knew that the landlord's daughter- in-law had moved out. This constituted probable cause for theft, and the trial court did not err by so finding.:wtf: