Would this constitue tresspassing?

[rendezvous 0]

Does launching off the balcony of an apartment you are invited too and landing in an empty parking lot across the street that does not belong to the building establishment constitute tresspassing the building premesis if you were caught. Just thinking of it from an acedemic point of view.

[TomAiello 26]

It might be trespassing in the parking lot. If the parking lot was open to residents of the building you were invited to, I'd expect not.

Jumpers have gotten off on similar facts that involved renting a hotel room.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[rendezvous 0]

very interesting ... thanks.

[JaapSuter 0]

It bears repeating that your general attitude, posture, language and dress style can greatly affect the outcome of a bust. If law enforcers realize that you are not only a jumping lunatic but also a productive member of society, they can treat you quite differently.

I'll refrain from making comments about how certain attire and bodily accessories can harm you when talking to a police officer, lest I insult other members of our little community.

Just don't put tour-of-duty style camouflage paint underneath your eyes.

Politely explain to whoever questions you that you were invited on that balcony by somebody you know, that you landed on a public parking lot, that you researched the law in advance of the jump, and that you did it at night to avoid endangering other people or property. That last thing should only be mentioned if it fits in the context; you don't want to give them any ideas of potentially charging you for mischief or reckless endangerment.

What you really need to worry about is the strata or ownership corporation of the building. They might have a policy against throwing objects off balconies. They could easily interpret this into a potential fine for the owner of your apartment. Make sure you discuss this possibility with whomever invites you, and offer to pay any fine he or she might incur.

[pBASEtobe 0]

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...your general attitude, posture, language and dress style can greatly affect the outcome of a bust.

I think Jaap is saying you might consider wearing a suit and tie just in case.

[JaapSuter 0]

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consider wearing a suit and tie just in case

That would definitely not hurt you. Especially if you manage to get rid of your rig and seconds later pretend to just be a bystander. Nobody will suspect the guy in a suit.

Just think of the James Bond factor when you do that!

[lawrocket 3]

"Trespass" is intentionally entering the property of another without permission of the owner (or person with possessory right) or legal authority.

So, if you didn't have permission to be in that lot, it's a trespass. If the owner of the lot did not give you permission to land there, it's a trespass.

Say you flew over someone's yard on the way to the parking lot. That may also constitute a trespass (though probably not a criminal trespass).

Establishing a trespass is so damned easy. IF you get sued for that, you'd probably have nominal damages assessed against you - that is, one dollar.

My wife is hotter than your wife.

[riggersam 1]

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Say you flew over someone's yard on the way to the parking lot. That may also constitute a trespass

If I read this correctly, you're suggesting that a person's property includes the airspace above it. This is the first I've heard of that one... Can you elaborate?

Thanks!

Mark

[gweeks 1]

In my state, to commit a criminal trespass there must be signs placed where they reasonably may be seen or you have to enter or remain on the property after being notified by the owner not to do so. Look around on the web and you can probably find the criminal trespass statute in your state.

Civil trespass is a lot easier to commit, but unless you do real damage, a law suit against you would probably be a waste of time.

[SullyFlyer 0]

I think you would be more likely to get your friend kicked out of their building for violating their lease.

Have fun, but remember your friend probably doesn't own the building.

Treat it with respect and you won't lose the privilege.

Also, where ever this balcony is, the roof has to be higher, get the extra altitude, and shoot video from the balcony.

~
Fear is the thief of dreams...

[JaapSuter 0]

The Bill Is Back!

When am I going to see you in this part of the world? We need to huck something together. If not, how about a Labour Day Potato or perhaps a Turkey later this year?

[lifewithoutanet 0]

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Especially if you manage to get rid of your rig and seconds later pretend to just be a bystander. Nobody will suspect the guy in a suit.

A suit, tie...and Hanwags (http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=1690412#1690412. The look that's always classic.

-C.

[pope 0]

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Does launching off the balcony of an apartment you are invited too and landing in an empty parking lot across the street that does not belong to the building establishment constitute tresspassing the building premesis if you were caught. Just thinking of it from an acedemic point of view.

Umm...maybe stating the obvious, but if you're worried about trespassing, why don't you land in the street or on the sidewalk? I'm pretty sure you have permission to be there...

I prefer to take the "stealth" approach and do everything possible to not be seen anyhow...people asking questions leads to more bad stuff, and takes away from valuable packing/drinking/fucking time.

just my $0.02
pope

[lawrocket 3]

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If I read this correctly, you're suggesting that a person's property includes the airspace above it. This is the first I've heard of that one... Can you elaborate?

This is speaking solely in tort. Trespass is a "dignitary tort." For example, if I fire a bullet on foot off the ground of your property, it's a trespass. If I hop over a corner of your property. How high does this end? WHo knows. That's why I said, "may constitute a trespass."

But also, as I said, damages would probably amount to exactly one dollar - the standard "nominal damages" award.

My wife is hotter than your wife.

[base689 0]

> "Trespass" is intentionally entering the property of another without permission of the owner (or person with possessory right) or legal authority.
I know that the definition and the legal ramifications of trespassing in US is quite different from definition and legal ramifications in Europe/Italy, for example, but just to know...
Has this "intentionally entering the property of another without permission of the owner" anything to do with the fact that you can do so (=intentionally entering the property of another) freely or you did break some lock/whatever-else-anti-intrusion-system?
Asked differently: is it still "TRESPASSING" if you CAN enter into the property (even if not invited by owner) FREELY, simply because there are no closed gates, no locked doors, simply because there is NO PHYSICAL CONSTRAINT to the entrance?
Or is it TRESPASSING only if you break some lock/gate/door to get the access.
I am not an expert of law in my country, but I know that if you want to be able to sue somebody for entering your property, you MUST physically "segregate" your own property with a fence, a net, a gate, a door, and to put a plate where it says: "PRIVATE PROPERTY, DO NOT TRESPASS".
I can think the case here in my country in which landowners can refrain hunters from entering their property (and "having" their intrusion considered as illegal) only if they put a net sorrounding ALL their land and place a plate where it says it is private property: if you break/jump over the net, you trespassed and you are liable of being denounced to police.
Otherwise, if you are a landowner NOT having your property delimited by fence/net and declared so by a plate, once you catch "someone" onto your property, of course you can tell him/her to leave but you cannot sue him/her because there was no physical barrier he/she entered into, nor there was any information that that was your own private property.
Another question: is it still trespassing if you enter into a building that is privately owned (but not owned by a single person, let's say 20 flats owned by 20 different people) and which building has got its bottom gate/door open and you can get into WITHOUT breaking anything?
Can you be denounced for trespassing if you enter by chance into an "open" building or "open" property that has got no physical constraint to the entrance itself?

Stay safe out there
Blue Skies and Soft Walls
BASE #689 - base_689AT_NO_123_SPAMyahoo.com

[LouYoung 0]

In the US it depends on what State you're in. In my State, the law differs depending on private or commercial, giving the edge to the commercial property owner. Trespass is:

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Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.

Criminal trespass in the second degree; classification

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.

Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

[FIREFLYR 0]

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Does launching off the balcony of an apartment you are invited too and landing in an empty parking lot across the street that does not belong to the building establishment constitute tresspassing the building premesis if you were caught. Just thinking of it from an acedemic point of view.

Park in the lot....land ....drive away.
or just dont get caught in the first place
J

"One flew East,and one flew West..............one flew over the cuckoo's nest"
"There's absolutely no excuse for the way I'm about to act"

[JaapSuter 0]

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Park in the lot....land ....drive away.

An alternative strategy that I've seen people use succesfully is to: jump, land, then take off all your clothes, dance around naked, screaming like a madman: "I'm from another planet, I'm from another planet!"

They never got charged for their base jump.

[leroydb 0]

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An alternative strategy that I've seen people use succesfully is to: jump, land, then take off all your clothes, dance around naked, screaming like a madman: "I'm from another planet, I'm from another planet!"

They never got charged for their base jump

dont tell on yourself!

Leroy


..I knew I was an unwanted baby when I saw my bath toys were a toaster and a radio...

[Faber 0]

if i had a suit it deafently would be BASE outfit....along whith my chiken suit ofcourse..

Stay safe
Stefan Faber