A.
A person commits the crime of criminal trespass if the person:
B.
It is an affirmative defense to prosecution under subsection 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 subsection 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, municipal ordinance, consent decree, judicial or legal process; or
5.
Endanger the public welfare or security.
D.
Violation of this section is a class A misdemeanor.
(CAC 8.30.021; AO No. 91-158; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, §§ 6, 54, 6-21-2014)