Bill Bravado was recently divorced. During the divorce, his wife berated him and called him a loser. Pursuant to the divorce decree, Bill is prohibited from entering his ex-wife’s home. One recent Saturday, his baseball team won the city championships and he was selected MVP. After the game, his team celebrated with a few beers and Bill really wanted to show the trophy to his ex-wife. He went to her home (which used to be his home as well), entered with a key he never returned, and sat on the couch waiting for her to return. He fell asleep and when she returned and saw him there, she called police. They arrived, woke him and arrested him.

Paul Player, a thirty-two year old male, was recently divorced and lived alone. He enjoyed playing baseball. One Saturday, while playing in a city park, he was hit with a ball and became dizzy. A doctor at the field checked him and determined that he had a concussion. One of the people on the team, Tom Teammate, offered to take him home. Paul went into the car and appeared to fall asleep (he may actually have passed out). Tom looked in Paul's wallet for his driver’s license to get his address. It listed 1234 Main Street, and Tom proceeded to that location. On arrival, Tom rang the doorbell, but there was no response. The door to the house was unlocked, so Tom opened the door and carried Paul inside. He left him asleep (passed out) on the couch.

Actually, 1234 Main is not Paul's current address. It is the address where he formerly resided with his wife (now his ex-wife). Pursuant to the divorce decree issued after a heated divorce, Paul is prohibited from being in his ex-wife's home. Before Paul can awake (regain consciousness), his ex-wife arrives home. She finds Paul and calls the police, who arrive just as he awakens (regains consciousness) and place him under arrest.

Sam Slugger, a thirty year old male who lives alone, enjoys playing baseball. One Saturday, while playing in the city park, he was hit with a ball and became dizzy. A doctor at the field checked him and determined that he had a mild concussion. One of the people on the team, Tim Teammate, offered to take him home. Sam went into the car, feeling somewhat dizzy and groggy. Sam gave Tim his address, which was 9876 Compton Court, a townhouse a few miles from the park. Tim proceeded to that location. The townhouse is in a development of similar units on winding streets. Tim thought he had arrived at 9876 Compton Court, but in fact he had arrived a 9876 Compton Lane, an identical looking townhouse a block away. Sam exited the car, still feeling somewhat dizzy, opened the door to the townhouse (which he rarely locked) and entered. He felt a bit disoriented and went directly into the bedroom, where he fell asleep on the bed. About twenty minutes later, Olivia Owner returned home to 9876 Compton Lane and discovered Sam in her bed. She called police, who came and arrested Sam.

Have Bill, Paul and Sam met the actus reus requirement necessary for conviction of criminal trespass 2º? Why or why not?

§ 123.45 Trespass in the first degree

Whoever knowingly enters or remains unlawfully in a building or inhabitable structure or upon real property of another shall be guilty of a class B misdemeanor.

§ 123.50 Trespass in the second degree

Whoever enters unlawfully in a building or inhabitable structure or upon real property of another shall be guilty of an infraction.