[11] 2 - Illegal Residence or Unauthorized Presence (Federal)
Civil violation: remaining in the state with no lawful status. The criminal offence is Unauthorized Entry.
Elements
To prove this charge, show that:
- The accused committed the act described in the summary.
- The act fell within the state or federal authority listed in this code.
- The accused acted knowingly.
Nature
Unlawful presence is a civil violation, not a crime. A fine and removal proceedings apply. Entering unlawfully is the criminal offence, charged under Unauthorized Entry.
Notes for officers
Federal charges are filed by authorized agencies or the district attorney. Local officers should consult before filing.