Section 569.140

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 01 Jan 2017, 4 histories, see footnote   (history) 

  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.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

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

(1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.

(1984) Differentiates "burglary in the second degree" from trespass in the first degree. (Mo.App.) State v. Butler, 665 S.W.2d 41.