(legal term)
Going into or remaining in an area in which one
does not have legal access. Note that there is no legal requirement that the
individual intend to commit an offense after the intrusion into the area is
complete. Consistent with the four elements of a criminal offense, the actus reus is the personÂ’s going into
a restricted area; the mens rea
is the personÂ’s knowing that he or she is not legally entitled to go into the
restricted area; the attendant
circumstances are that the person is not legally entitled to enter the
restricted area; and the harm
is that he or she is illegally entering the area.
Brenner, S. Is There Such a Thing as ‘Virtual Crime’? California Criminal Law
Review. [Online, 2001.] California Criminal Law Review Website.
http://www.boalt.org/
CCLR/v4/v4brenner.htm.