Originally Posted by
jetsfan92588
technically, the crime of attempted trespassing doesn't exist. attempting to enter someone's property without their permission would be considered "attempted breaking and entering". For example, if there is a gate on the outside of a property, and a cop sees you picking the lock-the crime is attempted breaking and entering, not attempted trespassing. if no fence exists, you are either on the property or your not. also, ianal, but i don't think you have to tell the person to leave your property for it to be considered trespassing. if you walk onto someones property without their explicit or implicit permission, thats trespassing.
Technically the crime of attempted trespass does exist. I have witnessed someone be charged and convicted of the crime.
Logically you are correct, you are either on the property or you are not. The crime of attempted trespass should not exist, but try telling that to the Harris County Judges in Texas.