ANCHORAGE MUNICIPAL CODE

8.45.010 Trespass.

A. A person commits the crime of criminal trespass if the person:

1. Knowingly enters or remains on private residential property or in a privately owned vehicle without a privilege to do so.

2. Knowingly enters or remains on private business or commercial property:

a. When it is not open to the public; or

b. In violation of a prominently posted notice against trespass or use; or

c. When the person has actual notice the property is not open to him or her; or

d. After the person has been requested to leave by someone with the apparent authority to do so.

3. Knowingly enters or remains on public premises or property, or in a public vehicle when the premises, property, or vehicle is not open to the public or after the person has been requested to leave by someone with the apparent authority to do so.

4. Knowingly enters or remains on undeveloped public or private property:

a. In violation of a prominently posted notice against trespass or use; or

b. When the person has had other actual or constructive notice that the property is not open to him or her; or

c. After the person has been requested to leave by someone with the apparent authority to do so.

B. It is an affirmative defense to prosecution under sections A.1. that the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case of immediate and dire need; and as soon as reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the owner's agent, or if the owner is unknown, the nearest state or local police agency, and makes a report of the time of the entry, use, or occupancy, and any damage to the premises or personal property, unless notice waiving necessity of the report is posted on the premises by the owner or the owner's agent.

C. It is an affirmative defense to prosecution under section A.3. that the person was engaged in the legitimate expression of first amendment freedoms and the expression did not:

1. Obstruct or delay access or exit to and from the property; or

2. Intentionally, knowingly or recklessly intimidate users, residents, or occupants of the property; or

3. Occur in an unreasonable time, place or manner; or

4. Violate the terms of any court order, official permit, consent decree, judicial or legal process; or

5. Endanger the public welfare or security.

D. Violation of this section shall, upon conviction, be punished by a fine of not more than $5000.00 or imprisonment for not more than one year, or both such fine and imprisonment.

(CAC 8.30.021; AO No. 91-158; AO No. 98-59(S), 1, 5-19-98)