Section 569.140

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 28 Aug 2018, 4 histories   

  569.140.  Trespass in the first degree — penalty. — 1.  A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

  2.  A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

  (1)  Actual communication to the actor; or

  (2)  Posting in a manner reasonably likely to come to the attention of intruders.

  3.  The offense of trespass in the first degree is a class B misdemeanor, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class A misdemeanor.  If the building or real property is part of a nuclear power plant, the offense of trespass in the first degree is a class E felony.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34, A.L. 2018 H.B. 1797)

CROSS REFERENCE:

Streams and rivers, no civil liability for adjoining landowners, when, 258.200