Under what situation is a defendant's permission to be on property presumed to be valid?

A defendant's permission to be on property is presumed to be valid when they are invited. This situation typically establishes a clear understanding that the property owner has given consent for the individual to be present. A legitimate invitation implies a mutual agreement and understanding, which reflects the property owner's intent to allow the individual access. This principle is rooted in the concept of property rights and consent, where an invitation signifies the owner’s approval.

When individuals are familiar with the property, it does not inherently mean they have permission to be there, as familiarity cannot replace explicit consent. Similarly, verbal indications of permission might lack the clarity or legal weight that a formal invitation carries. Prior written consent could certainly affirm permission but is not necessary in every case; an invitation is often seen as an immediate and clear sign of consent.