Delaware Code Title 21 Sec. 4191A – Trespass by motor vehicle or OHV
(a) No person shall knowingly operate a motor vehicle or OHV on private real property or upon a private road or driveway without consent of the owner or lessee of the real property. There shall be a rebuttable presumption that a person has knowingly violated this subsection if the owner or lessee has placed, at or near the points of entry from public or private vehicular access, a gate, fence or similar obstruction or a readily visible sign that would reasonably convey that the unauthorized operation of motor vehicles on the private road or driveway is prohibited.
Terms Used In Delaware Code Title 21 Sec. 4191A
- Conviction: A judgement of guilt against a criminal defendant.
- Personal property: All property that is not real property.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Penalties:
(1) A person who violates subsection (a) of this section shall be subject to the following penalties:
a. A fine of not more than $100 for a first conviction.
b. A fine of not more than $1,000 plus suspension of operating privileges for a period of 6 months for a second or subsequent conviction of the offense. If a person is under 16 years of age at the time of the second or subsequent conviction of this offense, the period of suspension shall commence upon the person’s sixteenth birthday.
(2) In addition, restitution shall be made for the value of damage to real or personal property which results from the violation of this section.