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North Carolina Criminal Trespass Law

criminal trespass in violation of N.D.C.C. § 12.1-22-03(3), which provides in pertinent part:

A person is guilty of a class B misdemeanor if, knowing that that person is not licensed or privileged to do so, that person enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the person in charge of the premises or other authorized person or by posting in a manner reasonably likely to come to the attention of intruders.

Under the criminal trespass statute, "privilege" is the freedom or authority to act and to use the property. State v. Morales, 2004 ND 10, P 10, 673 N.W.2d 250; State v. Purdy, 491 N.W.2d 402, 410 (N.D. 1992).

A person is privileged if "he may naturally be expected to be on the premises often and in the natural course of his duties or habits." Morales, at P10 (quoting State v. Ronne, 458 N.W.2d 294, 297-98 (N.D. 1990)).

A person is "licensed" to be on property if the entry was consensual. See Purdy, at 410; Ronne, at 297-98.

For purposes of N.D.C.C. tit. 12.1, a person engages in conduct "knowingly" if, "when he engages in the conduct, he knows or has a firm belief, unaccompanied by substantial doubt, that he is doing so, whether or not it is his purpose to do so." N.D.C.C. § 12.1-02-02(1)(b);

see Morales, 2004 ND 10, P 26, 673 N.W.2d 250; In Interest of J.D., 494 N.W.2d 160, 162 (N.D. 1992); State v. Kaufman, 310 N.W.2d 709, 713 (N.D. 1981).

Knowledge need not be absolute, but merely a firm belief unaccompanied by substantial doubt. J.D., at 162; Kaufman, at 713. Knowledge is a question of fact. State v. Hammond, 498 N.W.2d 126, 129 (N.D. 1993); J.D., at 162; Kaufman, at 713.

The knowledge requirement is a subjective test, and "the factfinder must make its determination based upon whether the facts and circumstances would have caused this particular defendant to 'know' the requisite facts." Kaufman, at 714.

The finder of fact therefore must consider all of the surrounding facts and circumstances in determining the defendant's knowledge. Hammond, 498 N.W.2d at 129; Kaufman, at 714.

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