I've seen plenty of trespassing signs with statements mentioning specific times of day, like "after sunset" or "after midnight until 8am". I assume these are legally binding but I don't know for sure.
At least that's what the cops told me one time when I was a kid and got busted exploring in the woods and missed the property owner's "POSTED" signs...
But the statutory basis for trespassing is most often just the act of crossing into land without prior express permission.
But to be clear about my anecdote, I wasn't doing anything wrong and wasn't actually arrested. My family's property bordered the property I "trespassed" on, and the guy called the cops on me, a 10 year old, instead of just telling me to leave. The cop showed up and basically just scared me and said he didn't want to come back out there.
1) Criminal Tresspassing - typically defined as the entering the property of another without express permission from the owner (this tends to include intruding via drone these days)
2) Remaining or Reentry after forbidden - which is for those cases where entry was permitted, but the owner subsequently revoked that permission.
Can you elaborate on this point? There are a LOT of FAA rules and federal laws that allow aircraft to fly over your property without your permission. I could see the argument for a ground-based device or perhaps an extremely low-flying drone but not for general drone use.
Of course, there are other laws (like requiring line of sight, not flying over humans or livestock, etc.) that are probably broken by anyone flying a typical non-commercial light drone over someone else's property at a level low enough to be annoying.
Laws traditionally related to state and local police power – including land use, zoning, privacy, trespass, and law enforcement operations – generally are not subject to federal regulation. Skysign International, Inc. v. City and County of Honolulu, 276 F.3d 1109, 1115 (9th Cir. 2002). State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet Federal Aviation Administration Office of the Chief Counsel, 2015.
You generally need to be aware of it though, right? Wandering in the woods won't get you in violation if you accidentally cross property boundaries, there needs to be a fence or at least a sign informing anyone about the blanket "No Trespassing"?
Point is, any prosecutor can start stacking these charges and land you in a world of hurt for whatever reasons they please.
I remember vividly a night in college when I got a ticket for underage drinking at a house party. I was wishing I had gone with my friends to a bar downtown. Until they got back later that night and I found out that a bunch of them got cited for underage drinking, disorderly conduct, and also got forgery charges. (Because of the fake id's they used to enter the bar.) In essence, they had done the exact same thing I did, only difference being the cops that busted the house party didn't search everyone and find fake id's on us. All those other charges were totally unnecessary, but they got stacked on anyway because the prosecutor and/or cops wanted to be hard asses.
And as far as I know trespassing bans have to be a manual blacklist or whitelist. You can't define some arbitrarily complex behavior that makes you into a trespasser. Maybe I'm wrong on that?