Trespassing Offense is defined in the Penal Code, Section 362, which states that "Anyone who enters another person's property to take possession of that property, either wholly or partially, or engages in any act that disturbs the peaceful possession of that property shall be punished with imprisonment for not more than one year, or a fine not exceeding twenty thousand baht, or both."

            Considering the above provision, it can be seen that Section 362 contains 2 offenses:

1. To take possession of someone else's property (usurpation of possession)

2. To disturb possession

            Therefore, entering land that is considered another person's property, whether to usurp possession or to disturb possession, constitutes a trespassing offense.

             To determine whether an act constitutes usurpation of possession, it must be assessed whether the perpetrator entered while the victim was the owner or possessor of the land. This differs from the second case, which involves disturbing possession; even if the victim is merely a tenant, if the landowner disturbs them, the landowner may also be guilty of trespassing.

            When considering the term "enter" in Section 362, it generally means that some part of the perpetrator intrudes into the land. However, the Supreme Court has ruled that even without physically entering the property, one can still be guilty of trespassing under Section 362. For example, in Supreme Court Judgment No. 1/2512, the defendant used a board to block the door of a room occupied by the plaintiff while the plaintiff was away, preventing them from accessing the room. This was deemed an infringement on the plaintiff's peaceful possession as defined by the law. Nevertheless, this ruling has exceptions; if there is a clear written agreement, the Supreme Court has ruled that it does not violate public order, allowing the landlord to act according to that agreement without committing trespassing.

            The offense under Section 362 aims to punish individuals who trespass on another person's property only, excluding public property. This is because the issue of trespassing on public property is specifically addressed in land laws.

            It is noteworthy that for the first part of the offense under Section 362, which involves usurpation of possession, the perpetrator must have a specific intent to enter another's land "to take" possession. In cases where someone enters to insult others in their home or land, it does not constitute an offense under Section 362 but rather under Section 364, which pertains to entering another's property without just cause. However, for the offense under Section 362 regarding disturbing possession, no special intent is required; merely entering to disturb another's peaceful possession is sufficient to constitute trespassing under Section 362.

            In cases where the perpetrator trespasses on land without any possessions, such as land under a Nor Sor 3 title, if the victim does not file an eviction suit within one year according to the Civil and Commercial Code, Section 1375, it does not constitute a trespassing offense. Additionally, in cases where there is still a dispute over land ownership, the Supreme Court has ruled that it does not constitute a trespassing offense. (Read the article "Necessary Access" in Blind Spots)