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What is the law on Criminal Trespass in Leawood Municipal Court?

The city of Leawood has adopted the Uniform Municipal Code for Kansas Cities for almost all of the laws that the city wishes to criminalize. The Uniform Code is a list of ordinances that is adopted by many of the cities across the State of Kansas. The purpose of the Code is to reduce the time and cost to municipalities in passing city laws it also unifies the various laws across each city for simplicity. The city law in Leawood that makes it illegal to trespass is below.

Sec. 6.7. Criminal Trespass.

(a) Criminal trespass is entering or remaining upon or in any:

(1) Land, non-navigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:

(A) 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;

(B) Such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other 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

(C) Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained.

(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.

(b) (1) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments 60 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 K.S.A. 21- 5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302 and amendments thereto.

(c) Criminal trespass is a Class B violation.

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. (d) 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: (A) Licensed to practice a branch of the healing arts; (B) Licensed to practice psychology; (C) Licensed to practice professional or practical nursing; (D) Licensed to practice dentistry; (E) Licensed to practice optometry; (F) Licensed to practice pharmacy; (G) Registered to practice podiatry; (H) Licensed as a social worker; or (I) Registered to practice physical therapy (K.S.A. 21-5808)

What do you do if you are charged with Criminal Trespass in the Leawood Municipal Court?

Anytime you find yourself in unfamiliar territory, like being charged with a crime, you need to gather information. If you are on this page reading the law on criminal trespass in Leawood, you're already on the right path. Researching a problem and possible solutions is always the right way to begin solving a problem. It makes sense to start by reading the law that it is alleged you have violated. But reading a few paragraphs on a website won't adequately prepare you to have a full understanding of the complexities of the law. Click here is you would like a in-depth analysis of the criminal trespass laws in Kansas written by a lawyer who has extensive experience with criminal trespass cases. After you have a good base knowledge of the law and have gotten some questions answered, you need to sit down with an experienced criminal defense lawyer to "get the lay of the land" when it comes to how a case like yours will be handled in Leawood Municipal Court. It's best to rely on a lawyer whom has experience to not only answer questions but to understand the people and personalities involved with your case.