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36 <br /> Wall–"Trespass"in Animal Control Ordinance 2-5-2014 <br /> Element (3)(a). The premises include the entire piece of real estate—not just the building but the <br /> land as well,provided it is so enclosed or secured as to clearly demonstrate an intent to keep <br /> intruders out. A locked six-foot-high chain link fence, for example, is likely to demonstrate such <br /> an intent. <br /> Defenses. It is an affirmative defense to trespass that a defendant entered with reasonable <br /> grounds to believe in a legal right to enter, even though the defendant did not actually have such <br /> a right. State v. Baker, 231 N.C. 136 (1949); State v. Faggart, 170 N.C. 737 (1915). <br /> B. Second Degree Trespass <br /> §14-159.13. Second degree trespass. <br /> (a) Offense. A person commits the offense of second degree trespass if, without authorization, <br /> he enters or remains on premises of another: <br /> (1)After he has been notified not to enter or remain there by the owner, by a person in <br /> charge of the premises, by a lawful occupant, or by another authorized person; or <br /> (2)That are posted, in a manner reasonably likely to come to the attention of intruders, <br /> with notice not to enter the premises. <br /> (b) Classification.—Second degree trespass is a Class 3 misdemeanor. <br /> Notes <br /> Element (4)(a). This element would be satisfied if a homeowner tells a defendant to leave the <br /> homeowner's front yard and the defendant refuses, or if a homeowner tells a defendant never to <br /> come back onto the homeowner's property but the defendant re-enters the property. However, if <br /> the unauthorized entering or remaining occurs in a building, first-degree trespass should be <br /> charged. <br /> C. Domestic Criminal Trespass <br /> §14-134.3. Domestic criminal trespass. <br /> (a) Any person who enters after being forbidden to do so or remains after being ordered to leave <br /> by the lawful occupant, upon the premises occupied by a present or former spouse or by a person <br /> with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the <br /> complainant and the person charged are living apart; provided, however, that no person shall be <br /> guilty if said person enters upon the premises pursuant to a judicial order or written separation <br /> agreement which gives the person the right to enter upon said premises for the purpose of <br /> visiting with minor children. Evidence that the parties are living apart shall include but is not <br /> necessarily limited to: <br /> (1)A judicial order of separation; <br /> 14 <br />