Bill > A1126

Introduced Session

This bill would revise the law pertaining to the offense of agricultural trespass. Current law provides that a person commits the crime of agricultural trespass if the person either: (1) knowingly or recklessly operates a motorized vehicle or rides horseback upon the lands of another without obtaining and possessing the written permission of the owner, occupant, lessee, or licensee of the lands; or (2) knowingly or recklessly damages or injures any tangible property, including any fence, building, feedstocks, crops, trees, or domestic animals, located on the lands of another. Current law also provides for the imposition of a civil penalty in cases where a person knowingly or recklessly engages in these activities. This bill would eliminate the law's provisions requiring knowledge or recklessness to be established as an element of the offense of agricultural trespass, and it would additionally expand the types of activities that will be deemed to constitute such offense. Specifically, under the bill's provisions, a person would be deemed to have committed the crime of agricultural trespass, and would additionally be subject to a civil penalty for agricultural trespass, if the person: (1) encroaches upon the lands of another by entering or remaining on such lands beyond established or usual limits, whether on foot, while riding horseback, while using a motorized or non-motorized vehicle, or otherwise, without obtaining and being in possession of the written permission of the owner, occupant, lessee, or licensee of the lands; or (2) damages or injures any tangible property, including, any fence, building, feedstock, crop, tree, or domestic animal, which is located on the lands of another. The bill would also amend the existing statutory definitions of "lands" that are subject to agricultural trespass, in order to clarify those definitions, facilitate ease of reading, and expand the definitions to include the following types of land, where appropriate notice of a trespass prohibition is provided: (1) appurtenant woodland, which is contiguous to, a part of, or beneficial to, another tract of land to which the woodland is supportive and subordinate, which other tract of land has at least five acres devoted to agricultural or horticultural uses including the production, for sale, of Christmas trees, but excluding the production, for sale, of other trees or forest products; and (2) lands that are appurtenant to the above-described appurtenant woodland or that are appurtenant to any other types of lands already subject to agricultural trespass under the applicable statutory definitions, provided that such appurtenant lands are used for the maintenance or storage of agricultural equipment.

AI Summary

Committee Categories

John DiMaio (R)*, 

Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 01/09/2024)

Official Document