General Discussion
In reply to the discussion: The Starbucks thing... [View all]Lurker Deluxe
(1,041 posts)You posted the law, and by that post is states clearly they were in violation of the law and now you are spinning it to something else.
(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;
These two men were not "licensed or Privileged" to be on the property, they are customers and were told to leave. The licensed or privilege would refer to law enforcement, health inspectors or the like, who you cannot throw off your property.
At this point you are twisting in the wind. Your own post defines the crime, no where in that statute is public or private mentioned. Only ownership. As in the first paragraph.
(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
Are you saying that because the phrase, "knowing that he is not licensed or privileged to do so" that this only applies to private places.
If you go to a "members-only" private strip club down on Delaware Avenue here in Philly and stand in line to get in and they ask for your "membership card" and you don't have but try to barrel in anyway, the bouncer will throw your ass out and may call the cops. You are "trespassing".
But if I break into it I am not? According to you the "knowing that he is not licensed or privileged to do so" makes this entire law apply to only private places, so in Pennsylvania there is no such thing as public trespass, absurd.