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37 <br /> Wall—"Trespass"in Animal Control Ordinance 2-5-2014 <br /> (2)A court order directing the person charged to stay away from the premises occupied by <br /> the complainant; <br /> (3)An agreement, whether verbal or written, between the complainant and the person <br /> charged that they shall live separate and apart, and such parties are in fact living separate <br /> and apart; or <br /> (4)Separate places of residence for the complainant and the person charged. <br /> Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a <br /> Class 1 misdemeanor. <br /> (b) A person convicted of a violation of this section is guilty of a Class G felony if the person is <br /> trespassing upon property operated as a safe house or haven for victims of domestic violence and <br /> the person is armed with a deadly weapon at the time of the offense. <br /> D. Forcible Trespass <br /> Statute <br /> This is a common law offense. State v. Bates, 70 N.C. App. 477, 480 (1984); David J. <br /> Sharpe, Forcible Trespass to Real Property, 39 N.C. L. REV. 121 (1960-61). <br /> Elements <br /> A person guilty of this offense <br /> (1) (a)makes an unpermitted and unlawful entry on premises or <br /> (b)willfully refuses to leave the premises after being ordered to do so <br /> (2) (a)using force against the occupant, <br /> (b)threatening to use force, or <br /> (c)appearing so as to inspire fear <br /> (3)when the occupant is present on the premises and <br /> (4)is in peaceful possession of the premises. <br /> Punishment <br /> Class 1 misdemeanor. G.S. 14-3(a). See the heading "Offense Class" under"Misdemeanors" <br /> in Chapter 4 (Punishment under Structured Sentencing). <br /> E. Trespass to Land on Motorized All Terrain Vehicle <br /> Statute <br /> § 14-159.3. Trespass to land on motorized all terrain vehicle. <br /> (a)No person shall operate any motorized all terrain vehicle: <br /> 15 <br />