Ky. Rev. Stat. » Chapter 511
Kentucky Revised Statutes

Ky. Rev. Stat. § 511.060 (2026)

Criminal trespass in the first degree

✓ current as of May 2026
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(1) A person is guilty of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a dwelling. (2) Criminal trespass in the first degree is a Class A misdemeanor, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class D felony. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 151, sec. 6, effective July 14, 2022. -- Created 1974 Ky. Acts ch. 406, sec. 101, effective January 1, 1975.

Notes of Decisions
Cited in 17 cases (7 in the last 5 years), 1978–2026 · leading case: Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
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Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). · cites it 14× “" KRS 511.060 (1974 Commentary). Dashielle was not charged with unlawfully entering upon Anderson's unimproved land; and had he been, such would not have been a lesser included offense of the burglary of Anderson's dwelling.”
Rogers v. Commonwealth, 86 S.W.3d 29 (Ky. 2002). · cites it 4× “KRS 511.060. Thus, Appellant was entitled to an instruction on first-degree criminal trespass as a lesser included offense of first-degree burglary.”
Hunt v. Commonwealth, 304 S.W.3d 15 (Ky. 2010). “First-degree criminal trespass is defined in KRS 511.060(1) as follows: (1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.”
Martin v. Commonwealth, 571 S.W.2d 613 (Ky. 1978). “” KRS 511.060. Certainly there was evidence that would support a conviction of the lesser offense.”
Polk v. Commonwealth, 574 S.W.2d 335 (Ky. Ct. App. 1978). “KRS 511.060. Although appellant could not claim reversible error if the court had given an instruction on criminal trespass in this case, since the appellant requested the instruction, we might nevertheless anticipate that the appellant would have cried “foul,” if the court had…”
Commonwealth v. Sanders, 685 S.W.2d 557 (Ky. 1985). “First-degree criminal trespass, KRS 511.060, differs from second-degree burglary, KRS 511.”
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002). “KRS 511.060(2); KRS 508.030(2); KRS 508.040(2)(b).”
Whalen v. Commonwealth, 891 S.W.2d 86 (Ky. Ct. App. 1995). “070; Criminal Trespass in the First Degree (two counts), KRS 511.060; Criminal Mischief in the Third Degree, KRS 512.”
David Houchin v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 2× “070: “A person is guilty of criminal trespass in the second degree when he or she knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.”
Joseph v. Green (W.D. Ky. 2025). · cites it 2× “See Ky. Rev. Stat. §§ 511.060–.080. At trial, Joseph asserted that when he forced his way into the apartment, he only intended to retrieve a “trunk” that was his own personal property.”
Anthony Sigler v. Jasmine Curtis (Ky. Ct. App. 2020). “095(6) defines an “attack” as “a dog’s attempt to bite or successful bite of a human being[,]” providing that “[t]his definition shall not apply to a dog’s attack of a person who has illegally entered or is trespassing on the dog owner’s property in violation of KRS 511.060,…”
Johnny Cowherd v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “3 KRS 511.060. 4 KRS 510.110. -2- ANALYSIS CR 60.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 511.060(1) — 8 cases
Rogers v. Commonwealth, 86 S.W.3d 29 (Ky. 2002). “KRS 511.060. Thus, Appellant was entitled to an instruction on first-degree criminal trespass as a lesser included offense of first-degree burglary.”
Hunt v. Commonwealth, 304 S.W.3d 15 (Ky. 2010). “First-degree criminal trespass is defined in KRS 511.060(1) as follows: (1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “" KRS 511.060 (1974 Commentary). Dashielle was not charged with unlawfully entering upon Anderson's unimproved land; and had he been, such would not have been a lesser included offense of the burglary of Anderson's dwelling.”
Ruben Johnson, IV v. Commonwealth of Kentucky (Ky. 2023).
Gregory Miller v. Commonwealth of Kentucky (Ky. 2020).
— Ky. Rev. Stat. § 511.060(2) — 1 case
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002). “KRS 511.060(2); KRS 508.030(2); KRS 508.040(2)(b).”
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