(1) 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.
(2) For the purposes of this section, notice against trespass includes the placement of
identifying purple paint marks on trees or posts on the property if the marks are:
(a) Vertical lines of not less than eight (8) inches in length and not less than one
(1) inch in width;
(b) Placed so that the bottom of the mark is not less than three (3) feet from the
ground nor more than five (5) feet from the ground; and
(c) Placed at locations that are readily visible to any person approaching the
property and no more than:
1. One hundred (100) feet apart on forest land; or
2. One thousand (1,000) feet apart on land other than forest land.
(3) Criminal trespass in the second degree is a Class B 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
A misdemeanor.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 197, sec. 1, effective July 15, 2024. -- Amended
2022 Ky. Acts ch. 151, sec. 7, effective July 14, 2022. -- Created 1974 Ky. Acts ch.
406, sec. 102, effective January 1, 1975.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1984–2024 · leading case:
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
· cites it 16× “Otherwise, KRS 511.070 would be redundant, i.e., "either a building or a building," and KRS 511.”
John Harden v. Keith Hillman, 993 F.3d 465 (6th Cir. 2021).
“” Ky. Rev. Stat. § 511.070(1). Whether Hillman’s intent was to arrest Harden for criminal trespass in the second or third degree, (Compare Hillman Dep.”
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016).
“See KRS 511.070. On the other' hand, the Commonwealth argues that because no one testified about McGruder’s “habits or anything' related to [him] breaking into and squatting in homes to sleep or bathe .”
Kiser v. Commonwealth, 289 S.W.3d 589 (Ky. Ct. App. 2008).
· cites it 2× “" For example, pursuant to KRS 511.070(1), one is guilty of second-degree criminal trespass when he "knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.”
David Houchin v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 2× “Pursuant to KRS 511.070: “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.”
Helms v. Zubaty (6th Cir. 2007).
“In Kentucky, a person is guilty of a Class B misdemeanor when she “knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other inclosure.”
— Ky. Rev. Stat. § 511.070(1) — 5 cases
John Harden v. Keith Hillman, 993 F.3d 465 (6th Cir. 2021).
“” Ky. Rev. Stat. § 511.070(1). Whether Hillman’s intent was to arrest Harden for criminal trespass in the second or third degree, (Compare Hillman Dep.”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“Otherwise, KRS 511.070 would be redundant, i.e., "either a building or a building," and KRS 511.”
Kiser v. Commonwealth, 289 S.W.3d 589 (Ky. Ct. App. 2008).
“" For example, pursuant to KRS 511.070(1), one is guilty of second-degree criminal trespass when he "knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.”
David Houchin v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“Pursuant to KRS 511.070: “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.”
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