What is Trespassing on a Restricted Building?
The federal government enforces several laws against illegal trespass on federal property; among these, the most prominent is Title 18 U.S.C. 1752, which criminalizes trespassing on restricted buildings or grounds.
The legal basis of this federal law is to prevent trespassing. Although taxpayers fund federal buildings, the government is responsible for regulating public access to the property.
In other words, to ensure order and safety, the government has the legal authority to set reasonable rules for the public on grounds like the United States Capitol and the White House.
The statute specifies that 'restricted buildings and grounds' include areas that are posted, cordoned off, or otherwise restricted, such as the White House, its grounds, or the Vice President's grounds, as outlined in 18 U.S.C. 1752(c)(1)(A).
To prevent misunderstandings, it is important to recognize that not all government property is restricted; only that explicitly designated as such.
It also encompasses a building or grounds where the President or other individuals are protected by the Secret Service, as specified under 18 U.S.C. 1752(c)(1)(B).
What Does Section 1752 Say?
18 U.S. Code 1752 says, "Whoever knowingly enters or remains in any restricted building or grounds without lawful authority to do so with the intent to impede or disrupt the orderly conduct of Government official functions, engages in disorderly or disruptive conduct in, or within proximity to, any building or grounds when their conduct impedes or disrupts normal business…."
It also covers a building or grounds that are so restricted in connection with an event classified as a special event of national significance under 18 U.S.C. 1752(c)(1)(C).
A related federal law is 18 U.S.C. 1751, concerning the assassination, kidnapping, and assault of the President and presidential staff, along with penalties.
The potential penalties for violating this law are severe, including up to 10 years in federal prison, underscoring the importance of understanding and respecting these restrictions.
Defining Section 1752
Title 18 U.S.C. 1752 encompasses behaviors beyond mere "trespassing." It explicitly criminalizes anyone who intentionally commits any of the following actions:
- Entering or staying within a restricted building or grounds without authority, as outlined under 18 U.S.C. 1752(a)(1),
- Behave in a chaotic or disruptive way to obstruct official government activities, such as ICE immigration enforcement.
- Block the entrance or exit of a restricted building or grounds with the purpose of hindering Government activities.
- Engage in physical violence against a person or property on restricted grounds as specified under 18 U.S.C. 1752(a)(4); or
- Operate an "unmanned aircraft" (such as a drone) into or over a restricted building or area as specified under 18 U.S.C. 1752(a)(5).
Note that 18 U.S.C. 1752 considers attempting or conspiring to commit these behaviors as the same crime as actually doing them, including the same penalties.
What Are Restricted Building or Grounds?
Entering federal property illegally or without permission, known as trespassing, is a crime. Under 18 U.S.C. 1752, a restricted building or grounds includes any area that is posted or cordoned off, such as:
- The White House, the Vice President's official residence, and their surrounding grounds.
- Any location where the President or another individual protected by the Secret Service is currently present or will be visiting; or
- Any location designated for hosting a special event of national importance.
EXAMPLE: John is upset with the President's immigration policies. To protest, he breaches security and tries to heckle the President during a speech at a local high school auditorium while the President is in his town.
John could be charged with federal trespassing under 18 U.S.C. 1752 because the high school is a restricted building when the President is present.
What Are the Potential Penalties?
The penalties for violating this federal law vary depending on the specific actions taken and the circumstances of the crime.
- For simple trespassing on restricted property, the offense is treated as a misdemeanor, carrying a maximum punishment of up to one year in jail, as specified under 18 U.S.C. 1752(b)(2).
- If you carried or used a deadly weapon during the incident, or if anyone sustained serious bodily injury, it is classified as a felony. A conviction could result in up to 10 years in prison, as outlined under 18 U.S.C. 1752(b)(1)(A).
What Are the Potential Legal Defenses?
The most common defense against charges under U.S.C. 1752 is a claim of lack of knowledge. This means you did not know and had no reason to know that the property was restricted.
To succeed in a trespassing case on restricted property, the prosecution must demonstrate that your actions were deliberate and intentional—meaning you knew or should have known that the property was off-limits.
The Supreme Court of the United States has determined that the government may enforce reasonable restrictions on the time, place, and manner of activities that the Constitution protects.
Knowing that peaceful, orderly demonstrations are legally permitted outside government buildings can empower you to exercise your rights responsibly without fear of unlawful charges.
Our federal criminal defense attorneys can analyze your case and provide guidance and legal options. Eisner Gorin LLP, based in Los Angeles, California, is available for contact by phone or through our online contact form.
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