Criminal Trespass (2nd Degree) involves unlawfully entering or remaining on property that is:

Criminal Trespass (2nd Degree) involves unlawfully entering or remaining on property that is:

• A. A dwelling
• B. Real property that is unfenced and open to the public
• C. Premises not fenced
• D. A building or real property that is fenced or enclosed to exclude intruders

Answer: (D)

Second-degree criminal trespass turns on protection by a boundary. It applies when someone unlawfully enters or remains on property that is clearly fenced or enclosed to keep intruders out. The fence or enclosure shows the owner’s intent to restrict access, so crossing that boundary is unlawful even if the land isn’t a dwelling. That’s why the description about a building or real property that is fenced or enclosed to exclude intruders fits best. The other options describe property that isn’t protected by a boundary (a dwelling is usually treated as a more serious offense, open land or premises not fenced isn’t clearly bordered to keep people out), so they don’t meet the criteria for second-degree trespass.

Second-degree criminal trespass turns on protection by a boundary. It applies when someone unlawfully enters or remains on property that is clearly fenced or enclosed to keep intruders out. The fence or enclosure shows the owner’s intent to restrict access, so crossing that boundary is unlawful even if the land isn’t a dwelling.

That’s why the description about a building or real property that is fenced or enclosed to exclude intruders fits best. The other options describe property that isn’t protected by a boundary (a dwelling is usually treated as a more serious offense, open land or premises not fenced isn’t clearly bordered to keep people out), so they don’t meet the criteria for second-degree trespass.