[Shipping up to Boston]

Originally Posted by ElDiabloJoe

I do not know enough about the nut in question's activities to defend him, however my understanding of trespassing is that there are two elements to that crime.

The first element that must be met is that a person must be in a place which they have no legal authority to be. The second element is that they must be asked to leave by someone with control or authority over that place and refuse to leave. Both elements must be present in order for a crime to occur.

For example (this actually happened to someone I know in California):

If someone breaks into your home, steals nothing, and leaves when confronted and demanded to get out, you have no crime. Burglary requires entering a four-sided structure with the intent to commit petty theft or any felony. Without the intent you got no crime. Same with the trespassing.

If the nut is standing somewhere he is allowed to be (or somewhere he is not but no one in authority has demanded he leave), and flying in airspace that is not restricted by the FAA, then he is not committing any crime. Unless his truck is illegally parked, but that's not in question here I believe.

Even simple things can be much more complex than the cop shows on TV depict.

Btw your CA version of entering a dwelling is the anti FL version of Castle Doctrine/Stand your Ground laws.

In CA, under your scenario, the perp probably gets a Swiss cheese sandwich from the State..... In FL, under same scenario, the perp becomes a Swiss cheese sandwich ...