K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5808 (2026)

Criminal trespass

✓ current as of May 2026
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21-5808. Criminal trespass. (a) 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:

(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 pursuant to K.S.A. 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 23-2707, 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.

(b) 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.

(c) 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.

(d) 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 K.S.A. 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302, and amendments thereto.

History: L. 2010, ch. 136, § 94; L. 2012, ch. 162, § 33; L. 2013, ch. 133, § 5; July 1.

Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 2018–2026 · leading case: State v. Murrin, 435 P.3d 1126 (Kan. 2019).
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State v. Murrin, 435 P.3d 1126 (Kan. 2019). · cites it 3× “21-5904(a)(3) (interference with law enforcement requires "knowingly obstructing, resisting or opposing" any person authorized by law to serve process in discharge of official duty).”
State v. Lyon, 471 P.3d 716 (Kan. Ct. App. 2020). “21-5807(e), an aggravated burglary no longer included "any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such…”
Spiehs (D. Kan. 2026). · cites it 7× “) Indeed, this is confirmed in Plaintiff’s complaint where it indicates his criminal citation was for “two offenses—Criminal Trespass under K.S.A. 21-5808 and Interference with LEO under K.”
Eravi (D. Kan. 2026). · cites it 3× “§ 21-5808(a)(1)(A). Here, Plaintiff has specifically alleged that Littlejohn, who was leading the September 2024 meeting, asked Plaintiff to leave, and Plaintiff refused.”
State v. Stuckey (Kan. Ct. App. 2020). · cites it 2× “K.S.A. 2019 Supp. 21-5808(a)(1)(A) defines criminal trespass.”
State v. Vano – Per Curiam – Affirmed – Johnson (Kan. Ct. App. 2023). · cites it 2× “See K.S.A. 21-5808 (defining criminal trespassing).”
Spiehs (D. Kan. 2026). · cites it 2× “” When Plaintiff refused, asserting it was a violation of his First Amendment rights, he was ultimately removed from the community center and charged with criminal trespass pursuant to Merriam Municipal Code, Section 21-5808 A.1.A.2 Two weeks later, on March 3, 2025, Plaintiff…”
State v. Dailey (Kan. Ct. App. 2020). “Dailey was charged on December 8, 2017, with theft, a severity level 9 nonperson felony in violation of K.S.A. 2017 Supp. 21-5801(a)(1) and (b)(3), and criminal trespass, a class B nonperson misdemeanor in violation of K.”
State v. Rose (Kan. Ct. App. 2020). “Rose equates breaking in with the crime of criminal trespass as defined in K.S.A. 2019 Supp. 21-5808. Under that statute entering a structure without being authorized or privileged to do so is a misdemeanor.”
State v. Pagan (Kan. Ct. App. 2021). “But he argues that the evidence at trial does not support the conclusion that he acted knowingly—that is, that he knew he was not authorized to enter the basement.”
State v. Martinez (Kan. Ct. App. 2021). “21- 5904(a)(2); criminal trespass, a misdemeanor violation of K.S.A. 2017 Supp. 21-5808; and possession of marijuana, a misdemeanor violation of K.”
State v. Jennings, 430 P.3d 995 (Kan. Ct. App. 2018). “K.S.A. 2016 Supp. 21-5808(a)(1)(B) states: "(a) 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: .”
Show all 14 citing cases →
— K.S.A. § 21-5808(a)(1)(A) — 5 cases
State v. Murrin, 435 P.3d 1126 (Kan. 2019). “21-5904(a)(3) (interference with law enforcement requires "knowingly obstructing, resisting or opposing" any person authorized by law to serve process in discharge of official duty).”
Spiehs (D. Kan. 2026). “) Indeed, this is confirmed in Plaintiff’s complaint where it indicates his criminal citation was for “two offenses—Criminal Trespass under K.S.A. 21-5808 and Interference with LEO under K.”
State v. Stuckey (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 21-5808(a)(1)(A) defines criminal trespass.”
State v. Beddingfield (Kan. Ct. App. 2022).
Eravi (D. Kan. 2026). “§ 21-5808(a)(1)(A). Here, Plaintiff has specifically alleged that Littlejohn, who was leading the September 2024 meeting, asked Plaintiff to leave, and Plaintiff refused.”
— K.S.A. § 21-5808(a)(1)(B) — 3 cases
State v. Dailey (Kan. Ct. App. 2020). “Dailey was charged on December 8, 2017, with theft, a severity level 9 nonperson felony in violation of K.S.A. 2017 Supp. 21-5801(a)(1) and (b)(3), and criminal trespass, a class B nonperson misdemeanor in violation of K.”
State v. Pagan (Kan. Ct. App. 2021). “But he argues that the evidence at trial does not support the conclusion that he acted knowingly—that is, that he knew he was not authorized to enter the basement.”
State v. Jennings, 430 P.3d 995 (Kan. Ct. App. 2018). “K.S.A. 2016 Supp. 21-5808(a)(1)(B) states: "(a) 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: .”
— K.S.A. § 21-5808(b) — 2 cases
Eravi (D. Kan. 2026). “§ 21-5808(a)(1)(A). Here, Plaintiff has specifically alleged that Littlejohn, who was leading the September 2024 meeting, asked Plaintiff to leave, and Plaintiff refused.”
State v. Stuckey (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 21-5808(a)(1)(A) defines criminal trespass.”
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