Under what condition does the trespass offense qualify as a Class A misdemeanor?

• A. Oral notice given upon entry but depart promptly
• B. No notice at all
• C. Written notice posted at entrance
• D. Oral notice given upon entry and they fail to depart

Answer: (D)

The essential idea is that criminal trespass becomes a Class A misdemeanor when, after entering, the person is given notice to depart and then refuses to leave. The notice can be oral or written, but the key is the failure to depart after being told to do so by the owner or occupant. In the scenario described, oral notice is given upon entry and the person does not depart, meeting that criterion and elevating the offense to a Class A misdemeanor. If there’s no notice or if the person leaves after being told to leave, it wouldn’t reach Class A.