Criminal Defense Q&A: Can I Get Arrested for Trespassing While Playing Pokémon Go?
Question:
Can I get charged with trespassing if I accidentally walked to a gated community with “No Trespassing” signs?
I was playing Pokemon Go and looking down and looked up to see no trespassing signs posted. I left quickly after without touching anything when i was there for around 20 seconds at most.
I was just following the map on the phone and realized I trespassed when I saw the signs that says “No Trespassing, 24 hour surveillance.” I quickly left the place right after, nobody talked to me or anything, but I am paranoid by the fact that I walked into an area I’m not supposed to be in.
Answer:
Most likely not.
To commit criminal trespass, you must: (1) intentionally enter onto someone else’s property; (2) without the owner’s consent; and (3) remain on the property until you are removed. Penal Code 602(m); CALCRIM 2931.
Since you were not asked to leave, then, by law, you have not committed the crime of trespass. Even if the gated community were to submit the surveillance footage of you to the authorities, the prosecution would have difficulty even alleging the offense since you were not removed from the site.
In the future though, when playing Pokemon Go, be sure to mind your surroundings as often as you consult the in-game map.
Read other criminal defense attorney answers at Avvo: Can I Get Arrested for Trespassing While Playing Pokémon Go?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
