Coronavirus Epidemic, Part 2

[rotor]

In all legal technicalities, he wasn't trespassing. Clerk said they would serve him without wearing a mask. He left. So no trespassing actually occurred.

And he took his business elsewhere. He was merely exercising his right to shop somewhere else that didn't require a mask. I have done the same thing several times last year when this mask thing was at it's peak.

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

 

[Axxe55]

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

How would they be able to prove he saw the sign? They can't. And because he left when it was mentioned, whether he saw the sign or not, no trespassing occurred.

I seriously doubt any LE officer would expend time and energy tracking him down to cite him for trespassing.

 

[jrbfishn]

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

What exactly is the proper legally required signage for masks?

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[Axxe55]

What exactly is the proper legally required signage for masks?

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I'm not aware that there is any legal signage for the requirement to wear a mask. With the state no pushing the mandate, the legalities IMO would be questionable.

 

[rotor]

How would they be able to prove he saw the sign? They can't. And because he left when it was mentioned, whether he saw the sign or not, no trespassing occurred.

I seriously doubt any LE officer would expend time and energy tracking him down to cite him for trespassing.

The crime is committed once you walk past the sign. In his words.......
Sheeple
I visited several of the above locals here in SA. Since the state lifted the mandate I disregard the little cute signs they all have up.
So he admits to knowingly committing a crime. Realistically will they call the cops and prosecute, not likely. Has a crime been committed though? If you drive drunk and are not caught by a cop are you committing a crime? If you jaywalk are you committing a crime?
I just think that one is not very smart to post on social media that you plan on committing the crime of trespass at every store that has a mask required sign. This stuff is discoverable. Will anyone care, probably not but they have caught people on social media before with plots to commit more serious crimes. Class B misdemeanor is nothing to sneeze at.

 

[rotor]

What exactly is the proper legally required signage for masks?

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To answer your question, I believe all a sign would have to say is "No entrance without a mask". To hold up in a court it probably would have to be easily visible to anyone walking into the store. It might also include 30.05 wording about trespass. It is not as legally defined as 30.06 and 30.07 laws.

 

[BRD@66]

No. Trespass requires verbal warning from the property representative or signage (that says trespassing, not mask required).

 

[rotor]

I'm not aware that there is any legal signage for the requirement to wear a mask. With the state no pushing the mandate, the legalities IMO would be questionable.

According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. Typically these properties have a sign that forbids entry or the individual is asked to leave the property by one of its residents.
To prove the defendant committed criminal trespass, the prosecution must prove that the defendant was aware the property was forbidden.....
What more do you need? How many times has trespass been discussed on this forum?

No entrance without a mask appears clear. BRD@66

I have a nice sign on my property, right on the fence, I don't have to give a verbal warning. You trespass and I know about it I call the cops. I don't have to give verbal warning once you go past the sign or jump the fence. 30.05

 

[Axxe55]

According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. Typically these properties have a sign that forbids entry or the individual is asked to leave the property by one of its residents.
To prove the defendant committed criminal trespass, the prosecution must prove that the defendant was aware the property was forbidden.....
What more do you need? How many times has trespass been discussed on this forum?

No entrance without a mask appears clear. BRD@66

I have a nice sign on my property, right on the fence, I don't have to give a verbal warning. You trespass and I know about it I call the cops. I don't have to give verbal warning once you go past the sign or jump the fence. 30.05

So if I see you standing in your yard, drive past your sign, to ask you directions, or looking for an address in the area, you're going to call LE to cite me for trespassing?

I don't think trespassing applies to a company policy of requiring a mask, if the person leaves when asked to.

If they stayed after being asked, that would be trespassing.

And yes, you are correct. A sign is the same as giving a verbal warning in the state of Texas. But criminal intent is still required. In the case of Texas42, criminal intent IMO is missing since he left when confronted about the mask.

 

[Axxe55]

The crime is committed once you walk past the sign. In his words.......
Sheeple
I visited several of the above locals here in SA. Since the state lifted the mandate I disregard the little cute signs they all have up.
So he admits to knowingly committing a crime. Realistically will they call the cops and prosecute, not likely. Has a crime been committed though? If you drive drunk and are not caught by a cop are you committing a crime? If you jaywalk are you committing a crime?
I just think that one is not very smart to post on social media that you plan on committing the crime of trespass at every store that has a mask required sign. This stuff is discoverable. Will anyone care, probably not but they have caught people on social media before with plots to commit more serious crimes. Class B misdemeanor is nothing to sneeze at.

Good points, and I do agree to a point. Several times last year, I did almost the same thing. Signs saying a mask was required. Was informed a few times by store employees I had to wear a mask to enter. I turned around and left. Took my business somewhere else.

 

[oldag]

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

Fine. Call it civil disobedience.

Sheep...

 

[rotor]

So if I see you standing in your yard, drive past your sign, to ask you directions, or looking for an address in the area, you're going to call LE to cite me for trespassing?

I don't think trespassing applies to a company policy of requiring a mask, if the person leaves when asked to.

If they stayed after being asked, that would be trespassing.

And yes, you are correct. A sign is the same as giving a verbal warning in the state of Texas. But criminal intent is still required. In the case of Texas42, criminal intent IMO is missing since he left when confronted about the mask.

Are we reading the same trespass laws? Knowingly entering a posted property is criminal intent. You need to read 30.05 and it starts with "A person commits an offense ".............

I am sure that most people don't know about the purple paint on trees but a sign that says No Entrance without (you fill in what you want such as shirt, shoes, masks, etc) is fairly clear. There are exceptions such as banning gays or racial bans of course. You know, this is not nuclear science. When you post that you will not respect a property owners legitimate signs you are trespassing. Up to the property owner to decide if prosecution is warranted.

I have seen some of your other posts and many of your "legal" opinion seem right but you sure don't know trespass.

 

[jrbfishn]

You can post whatever you want on your door, but until you are asked to leave, passing it is not a crime.
Not withstanding 30.06 or 30.07.
You don't understand trespass as well as you think either.


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[Axxe55]

Are we reading the same trespass laws? Knowingly entering a posted property is criminal intent. You need to read 30.05 and it starts with "A person commits an offense ".............

I am sure that most people don't know about the purple paint on trees but a sign that says No Entrance without (you fill in what you want such as shirt, shoes, masks, etc) is fairly clear. There are exceptions such as banning gays or racial bans of course. You know, this is not nuclear science. When you post that you will not respect a property owners legitimate signs you are trespassing. Up to the property owner to decide if prosecution is warranted.

I have seen some of your other posts and many of your "legal" opinion seem right but you sure don't know trespass.

I understand what you're saying, and I don't completely disagree, as far as trespassing. You're pretty much on point there.

But, IMO, unless the store, or company is prefacing their signs of requiring a mast for entrance, with non-compliance being trespassing if you enter, I'm sorry, I can't agree that it's trespassing if you leave if asked to.

 

[rotor]

I understand what you're saying, and I don't completely disagree, as far as trespassing. You're pretty much on point there.

But, IMO, unless the store, or company is prefacing their signs of requiring a mast for entrance, with non-compliance being trespassing if you enter, I'm sorry, I can't agree that it's trespassing if you leave if asked to.

No entrance without a mask. Is that not clear? You have signage that says you can’t come in unless you are wearing a mask. What do you call someone that enters without a mask?
Or, someone at the door says you can’t come in without a mask. What do you call someone that enters without a mask?

 

[Axxe55]

No entrance without a mask. Is that not clear? You have signage that says you can’t come in unless you are wearing a mask. What do you call someone that enters without a mask?
Or, someone at the door says you can’t come in without a mask. What do you call someone that enters without a mask?

Rotor, we are just going round and round here. I just know for a fact, that proving trespassing is way more difficult than you think, even with signage, and having them prosecuted is even harder.

And most LE officers, don't consider trespassing to be a high priority, unless they have nothing better to do.

 

[rotor]

Rotor, we are just going round and round here. I just know for a fact, that proving trespassing is way more difficult than you think, even with signage, and having them prosecuted is even harder.

And most LE officers, don't consider trespassing to be a high priority, unless they have nothing better to do.

No disagreement here. Probably most murders are not solved either. Are you going to post on social media that you plan on committing criminal acts no matter what? Are there forum rules that are in violation? I don’t know. Try trespassing while carrying and doing it intentionally. Not a good idea going past those 06/07 signs or 51% bar signs. Or going into a school.

 

[Texas45]

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

Guess what I did today.
Yup walked right past their sign at wally world in Gonzales.

No one made me put on one or refused to serve me.

Bought my items and went about my day.

Was a good time.

You sheeple should try making your own decisions and let others do the same.

Some cant see the forest for the trees.




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[Texas45]

When he walked past a sign that said mask required for entrance he trespassed. He knew there was a sign therefore he knew that he was trespassing. The clerk wouldn't serve him and he threw the items down that he was trying to buy and left. You need to read his post again.
You walk on my property which has a proper sign after 1" you are trespassing. How inventive are you trying to be?
Technically I trespassed yesterday at Home Depot (maybe). Went in at the garden entrance no mask, no sign, nobody said anything. Had to go into the front door entrance for something and they had a sign. Put my ridiculous home made mask on, went to service center. My trespass was unintentional and there was no sign and nobody said anything so I could beat it in court if I needed to.

Penalty???
Simply by violating notice and trespassing on private property can earn the defendant jail time. The crime is considered a Class B misdemeanor and is penalized with a fine of up to $2,000 or 180 days of jail time. I believe you can lose your LTC. Texas45, think about that. Of course, the cops would have had to be called and you would have to lose in court. Could be a very expensive endeavor with court and attorney fees. Jail time 180 days, probably they would make you get a Covid shot.

However IF the property owner requests you vacate and you do so NONE of your holier than thou post applies.




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[Texas45]

HOPE your wearing one of these or similar. If not your wasting your time and living under a false sense of security.


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