WHAT IS THE CRIMINAL TRESPASS LAW IN OVERLAND PARK MUNICIPAL COURT?
The city of Overland Park, much like other cities, is governed by ordinances. Ordinances are just another way of saying laws. All the city ordinances collected is called the “city code”. The city code covers all kinds of things that go on in the city. The City Council of Overland Park approves the codes and ordinances and has the power to write and vote on new laws. Below you will find Overland Park’s Criminal Trespassing law.
Criminal trespass is :
Entering or remaining upon or in any land, non navigable body of water, structure, vehicle, aircraft or watercraft other than railroad property or nuclear generating facility by a person with knowledge that such person is not authorized or privileged to do so, and:
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; or
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
Such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-1607, 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 2011 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
Entering or remaining upon or in any 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. As used in this Section:
"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 service of a health care provider are provided directly to patients.
"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.
Criminal trespassing 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 must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
This Section shall not apply to a land surveyor, licensed pursuant to Article 70 of Chapter 74 of the Kansas Statutes Annotated, and amendments thereto, nor shall it apply to such surveyor’s authorized agents and employees who enter upon lands, waters and other premises in the making of a survey.
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation
You've been charged with Criminal Trespassing in the Overland Park Municipal Court, now what?
If you've found this page, you are already doing what you need to be doing, researching. Reading the law that law enforcement has alleged that you violated will generally give you a good base knowledge. Unfortunately, reading the law on criminal trespass will often lead to more questions than answers. It is rare that the law gives any real insight into factual scenarios, in other words, "If I did this... am I breaking the law?" is a question that the law rarely answers. Because of this, your next step should be to meet with an experienced lawyer who practices in the Overland Park Municipal Court. This will help you gain more knowledge about your charge and about the Overland Park Municipal Court. Having a lawyer that knows the Court is essential to your case.