Georgia Suggested Pattern Jury Instructions, Criminal Cases
CRIMES AGAINST PROPERTY

(Charge only the appropriate language; adapt parentheticals to the indictment and evidence.)

2.68.34. CRIMINAL TRESPASS; FAILURE OR REFUSAL TO LEAVE

A person commits the offense of criminal trespass when, while lawfully upon the property or within the vehicle, railroad car, aircraft, or watercraft of another, that person refuses to leave after being requested to do so by the owner or lawful occupant.

The State must prove beyond a reasonable doubt that

1) a request was made by the property owner or lawful occupant that the defendant leave and

2) the defendant refused or failed to leave after the request was made.

A person, when rightfully ordered to leave a building by one in charge of the premises, is entitled to be allowed such time as is necessary to enable the person to exit from the room or building that he/she is ordered to vacate.

 

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