Most of the time when people are charged with criminal trespass they may not have known that their conduct was a crime. Most people have no idea that simply existing in a place that they do not have the legal right to exist in could cause them to ticketed, arrested or even put into jail. There are many different statutes and ordinances against criminal trespass and depending on the particular jurisdiction in which you find yourself charged, you may be in more trouble than others. To best understand what you are facing this page will focus on the state law as most local municipal ordinances are similar to the state statute.

The Kansas State Law On Criminal Trespass:

  1. Criminal trespass is entering or remaining upon or in any:
    1. Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:
      1. Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;
      2. such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
      3. such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-1607, 60-310560-310660-310760-31a05 or 60-31a06 or K.S.A. 2009 Supp. 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or
    2. public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
  2. Criminal trespass is a class B nonperson misdemeanor. Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
  3. As used in this section:
    1. “Health care facility” means any licensed medical care facility, certificated health maintenance organization, licensed mental health center or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients; and
    2. “health care provider” means any person:
      1. Licensed to practice a branch of the healing arts;
      2. licensed to practice psychology;
      3. licensed to practice professional or practical nursing;
      4. licensed to practice dentistry;
      5. licensed to practice optometry;
      6. licensed to practice pharmacy;
      7. registered to practice podiatry;
      8. licensed as a social worker; or
      9. registered to practice physical therapy.
  4. This section shall not apply to:
    1. A land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters and other premises in the making of a survey; or
    2. railroad property as defined in 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 2009 Supp. 66-2302, and amendments thereto.

The Law Looks Kind Of Complicated On Criminal Trespass, Give Me The Short Version.There are a couple of ways to prove criminal trespass and a few very rare nuances dealing with healthcare facilities, doctors, and land surveyors. However, ninety five percent of cases do not have anything to do with those provisions.

In ninety five percent of cases there are a couple of different elements that a prosecutor needs to prove before a defendant charged with criminal trespass can be convicted of the crime. The prosecutor must always show:

  1. That the crime occurred within their jurisdiction; and
  2. That the defendant entered onto or remained in a place or vehicle when you knew that you were not supposed to be in that place or vehicle; and one of the following
  1. It was personally communicated to you by the owner or a person representing the owner that you must not enter or leave the place or vehicle; or
  2. The place or vehicle you are in has signs posted “No Trespassing” and you went in anyway;
  3. You were subject to a restraining order and violated that order.