3.317 — ILLEGAL SQUATTING
Violations of "Statute 3.317" results in a Class E Misdemeanor
(a) Definitions
"Illegal Squatting" refers to the unlawful occupation or use of a residential or non-residential property without the consent of the property owner or the legal authority, where the occupant has no right to remain in the property.
(b) Elements
To establish the offense of illegal squatting, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant occupied or used a property without the consent of the rightful owner or legal authority.
The defendant had no lawful authority or permission to be in the property.
The defendant refused to vacate or failed to leave the property when requested by the owner or upon notice from law enforcement.
(c) Defenses
A defendant may raise the following defenses against a charge of illegal squatting:
Consent: The defendant was granted permission or consent by the property owner or a person with legal authority to be on the property.
Adverse Possession: The defendant may claim adverse possession if they have occupied the property continuously and openly for the required period under local laws.
No Knowledge of Ownership: The defendant was unaware that they were occupying property that was privately owned or controlled by someone else.
(d) Aggravating Factors
The court may consider the following aggravating factors when determining penalties:
Prior history of squatting or criminal behavior.
Squatting in properties with vulnerable residents or in areas with significant public safety concerns (e.g., near schools, hospitals, or government facilities).
Failure to leave after being formally evicted or notified by law enforcement or property owners.
Damage to the property caused during the squatting period.
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