What differentiates Criminal Trespass to Residence from Criminal Trespass to Property?

The distinguishing factor between Criminal Trespass to Residence and Criminal Trespass to Property lies in the definition of what constitutes a residence. Criminal Trespass to Residence specifically refers to the act of entering or remaining within a dwelling or residence that belongs to another individual without permission. This element emphasizes the unauthorized intrusion into a private space where people live, which is considered to carry a greater legal and social significance due to the expectation of privacy within one’s home.

In contrast, Criminal Trespass to Property involves unauthorized entry onto any real property that is not specifically a dwelling. The law recognizes a higher degree of protection for residences, reflecting the societal value placed on home security and individual privacy. Other options like wearing a mask, breaking a door, or leaving fingerprints do not inherently define the legal distinction between these two types of trespassing, as they may pertain to actions taken during the trespass but do not clarify the essence of the types of property involved.