Kansas Trespassing Criminal Defense

In Kansas there are two types of trespassing charges: criminal and civil. Law enforcement enforces criminal trespassing. Land, home and property owners will need to file a court action to enforce civil trespassing. This can be to collect damages caused by a trespasser even if no crime was committed.

What Is Criminal Trespassing?

Trespassing is entering or remaining on someone else’s property without authorization. “Without authorization” means consent was either revoked or never given in the first place.

Criminal Trespass (Class B Nonperson Misdemeanor) Is Entering or Remaining upon or in Any of the Following:

  • Land
  • Non-navigable body of water (deep and wide enough to provide passage to ships)
  • Structure
  • Vehicle
  • Aircraft
  • Watercraft
  • public or private land or structure in a manner that interferes with access to or from any health care facility*

By someone who knows they are not authorized or privileged to do so AND:

  1. Enters or remains therein in defiance of an order not to enter or to leave premises or property personally communicated by the owner thereof or other authorized person.
  2. Signs are posted on premises or property in a noticeable place that will likely be seen,

    • or are locked,
    • or fenced,
    • or enclosed,
    • or shut
    • or secured against passage or entry

A person found guilty of criminal trespass while defining a restraining order will be imprisoned a minimum 48 hours.

A criminal trespass charge can have serious repercussions and long-term effects. Call Schlagel Long Rivera, LLC today at (913) 359-8996 or use our contact page to schedule a free consultation immediately with our Olathe criminal defense lawyers.

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