Law Prof: Yes, You Can Spend Night in Bear Grotto and Not Break Any Laws

Bob Talbot was shocked when he read the news today, oh boy. About a lucky man who nearly made the grave — by crawling into the Grizzly Bear Grotto at the San Francisco Zoo.

Yesterday, Judge Wallace Douglass ruled that Kenneth Herron's much-publicized foray into the bear enclosure did not constitute trespassing, as the 21-year-old homeless man “did not intend to make the bear enclosure his place of residency, nor did his actions convey any indication that he would.” Like most folks, Talbot assumed that vaulting multiple fences and bridging wide moats to enter a zoo habitat would naturally be labeled as trespassing — and, unlike most folks, Talbot is a legal expert and University of San Francisco law professor focusing on criminal law.

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