Posted!

[lugnutz]

Does your property have to be posted in order to have someone cited for trespassing?

[buster]

Trespassing can be a finicky issue to prosecute in some counties...

IC 35-43-2-2
Criminal trespass
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.

HOWEVER, many of us prefer the statute of hunting, fishing, trapping, operating an ORV/ATV, or collecting items (mushrooms, artifacts, ginseng, antler sheds, etc.) without the consent of the landowner. It is quite simple to prosecute and all I need from the landowner is his/her desire to prosecute. Best of all, the land DOES NOT have to be posted for us to enforce this law! Sign here, press hard Mr. Trespasser!!!!

IC 14-22-10-1
Consent to use private land
Sec. 1. A person may not:
(1) fish, hunt, trap, or chase;
(2) shoot with any kind of firearm or archery equipment;
(3) search for or gather any plant life (defined as the members of the kingdoms Fungi and Plantae); or
(4) search for or gather any artifacts (as defined in IC 14-21-1-2);
upon privately owned land without having the consent of the owner or tenant of the land.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003, SEC.59.

IC 14-16-1-23
Restrictions on operation of Off-Road Vehicles
Sec. 23. (a) An individual shall not operate a vehicle under any of the following conditions:
(8) On any property without the consent of the landowner or tenant.

Both are class C misdemeanors and can land a person in jail.