What is the primary factor that characterizes first-degree trespass?

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The primary factor that characterizes first-degree trespass is entering a property without the owner's permission. This definition encapsulates the essence of trespassing, which fundamentally involves unauthorized entry into someone else's property. The lack of permission signifies a violation of the property owner’s rights, which is essential in establishing the criminality of first-degree trespass.

While the other scenarios might involve unauthorized entry as well, they are more situational aspects rather than defining characteristics of first-degree trespass. For instance, climbing over a security fence could signify an attempt to trespass, but it does not inherently define the act itself. Being told to leave and refusing to do so speaks to the aspect of unlawful presence following a warning, which is related, but again, not the core definition. Entering property with knowledge of trespassing laws involves an awareness of the law but does not solely dictate the act of trespass, as one can trespass without such knowledge.

Thus, the act of entering without permission is the foundational aspect of first-degree trespass, clearly reflecting the core principle of this offense.

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