(1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.
(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person.
(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public.
(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner.
(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall be presumed to be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 338, sec. 13, effective July 14, 2000. -- Created 1974 Ky. Acts ch. 406, sec. 104, effective January 1, 1975.
Notes of Decisions
Cited in
19
cases (
7 in the last 5 years), 1997–2025 · leading case:
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010).
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010).
· cites it 10× “Also relevant to our review is the General Provisions statute of the burglary chapter, KRS 511.090. It provides, in relevant part, as follows: *324 (1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
· cites it 6× “[11] KRS 511.090, Official Commentary (Banks/Baldwin 1974).”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
· cites it 6× “010(3) applies only when that term is used in the context of KRS 511.090, which describes privileges and licenses to enter or remain upon the premises of another.”
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997).
· cites it 2× “KRS 511.090(2) concerns privilege and license in the context of premises open to the public: A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order…”
Howard v. Spradlin, 562 S.W.3d 281 (Ky. Ct. App. 2018).
“" KRS 511.090 provides that "[a] person 'enters or remains unlawfully' in or upon premises when he is not privileged or licensed to do so.”
Robey v. Commonwealth, 943 S.W.2d 616 (Ky. 1997).
· cites it 2× “KRS 511.090(1) states: A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.”
Fletcher v. Commonwealth, 59 S.W.3d 920 (Ky. Ct. App. 2001).
· cites it 2× “020 points out that the “enters or remains unlawfully” requirement as defined in KRS 511.090(1) is intended to accomplish the following: (i) It eliminates “breaking” as an element of the offense of burglary.”
Commonwealth v. Partee, 122 S.W.3d 572 (Ky. 2003).
· cites it 2× “Finally, we call attention to KRS 511.090 and note that it does not apply in this case as the credit union premises were not "open to the public.”
Lewis v. Commonwealth, 392 S.W.3d 917 (Ky. 2013).
“KRS 511.090 defines “enters or remains unlawfully” as follows: (1) A person “enters or remains unlawfully” in or upon premises when he is not privileged or licensed to do so.”
Ayers v. Hall (W.D. Ky. 2020).
· cites it 10× “Specifically, Ayers challenges his conviction under an exception set forth in KRS 511.090, which provides that one cannot commit criminal trespass “upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed .”
Anthony Sigler v. Jasmine Curtis (Ky. Ct. App. 2020).
· cites it 5× “231(1) and KRS § 511.090. The [Curtises’] testimony indicates that they were at work when [Tony] entered the property and that they were unaware of his presence on the property at the time of the dog attack.”
— Ky. Rev. Stat. § 511.090(1) — 5 cases
Robey v. Commonwealth, 943 S.W.2d 616 (Ky. 1997).
“KRS 511.090(1) states: A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.”
Fletcher v. Commonwealth, 59 S.W.3d 920 (Ky. Ct. App. 2001).
“020 points out that the “enters or remains unlawfully” requirement as defined in KRS 511.090(1) is intended to accomplish the following: (i) It eliminates “breaking” as an element of the offense of burglary.”
— Ky. Rev. Stat. § 511.090(2) — 5 cases
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010).
“Also relevant to our review is the General Provisions statute of the burglary chapter, KRS 511.090. It provides, in relevant part, as follows: *324 (1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.”
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997).
“KRS 511.090(2) concerns privilege and license in the context of premises open to the public: A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order…”
— Ky. Rev. Stat. § 511.090(4) — 1 case
Ayers v. Hall (W.D. Ky. 2020).
“Specifically, Ayers challenges his conviction under an exception set forth in KRS 511.090, which provides that one cannot commit criminal trespass “upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed .”
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