Occupy Wallstreet Protests – The Legal Breakdown

PITTSBURGH (NewsRadio 1020 KDKA) – Paul Rasmussen was joined on the NewsRadio1020 KDKA Afternoon News by Dwight Ferguson, real estate attorney for Lynch Weis.

Ferguson discussed with NewsRadio1020 KDKA about the legal actions that can effect the Occupy protests. They discuss the property that the protests are staged on and how events may unfold when is comes time to disband.

You can hear the interview here! You can also listen to the Afternoon news Weekdays 3 p.m.  6 p.m.

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  1. mayorofgbd says:

    18 Pa.C.S. § 3503: Criminal trespass

    (a) Buildings and occupied structures.–

    (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he:

    (i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or

    (ii) breaks into any building or occupied structure or separately secured or occupied portion thereof.

    (2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under subparagraph (1)(ii) is a felony of the second degree.

    (3) As used in this subsection:

    “Breaks into.” To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

    (b) Defiant trespasser.–

    (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

    (i) actual communication to the actor;

    (ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;

    (iii) fencing or other enclosure manifestly designed to exclude intruders;

    (iv) notices posted in a manner prescribed by law or reasonably likely to come to the person’s attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or

    (v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.

    (2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

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