Trespass is used to represent a variety of legal conditions. Currently, it is being used in efforts to establish property rights in the age of the internet and in matters associated with federal right to assembly by protest groups in antiabortion efforts. In general, trespass implies any type of unauthorized violation of the person or property by another. In cases of larceny, it is used as an element associated with establishing the taking of another's property without permission. Trespass is universally recognized as a civil wrong for which suit may be brought. Most jurisdictions also have established legal remedy for trespass onto real property as a criminal offense.
The seriousness of the trespass will be the determining factor of how the offense will be handled judicially. As a rule of thumb, the law allows for a criminal trespass to go unpunished if no harm or damage results. Most jurisdictions require that notice be given as to the matter of trespass before it can be charged. In matters of the world wide web and hacking this is an issue open for debate and is being given a great deal of consideration as new law arises to determine issues of property in the electronic age. The grade of the offense of trespass and the severity of the crime and punishment will vary state to state. The crime may be a misdemeanor, a civil wrong or a criminal offense punishable as a felony deserving a long prison sentence on a case by case basis. For example, if after committing the act of trespass a larceny or theft is committed the offender will be charge with the larceny as the proper charge, with the trespass being a lesser included offense of the larceny. In matters of civil wrongs, such as harassment and stalking, the trespass may be brought under tort law. Tort law is a civil action where an individual seeks a court ordered relief outside of the criminal system. In the United States, anyone can sue anyone for anything and trespass is no exception.
In reality the definition of trespass then is an uninvited, unwelcome and unauthorized act which violates the person or property of another. Assault and battery is a trespass against a person -the victim. Trespass was originally a law meant to prohibit hunting and fishing on the land of another without having first requested permission. It has carried over into the internet as a matter of privacy against unauthorized access to personal records.
