569.140. Trespass in the first degree — penalty. — 1. A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
2. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner reasonably likely to come to the attention of intruders.
3. The offense of trespass in the first degree is a class B misdemeanor, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class A misdemeanor. If the building or real property is part of a nuclear power plant, the offense of trespass in the first degree is a class E felony.
Notes of Decisions
Cited in
108
cases (
6 in the last 5 years), 1980–2025 · leading case:
State v. Neighbors, 613 S.W.2d 143 (Mo. Ct. App. 1980).
State v. Neighbors, 613 S.W.2d 143 (Mo. Ct. App. 1980).
· cites it 14× “The only point of error relied upon by defendant is that the trial court erred in failing to instruct the jury on trespass in the first degree (Section 569.140, RSMo 1978) and trespass in the second degree (Section 569.”
State v. Prier, 634 S.W.2d 197 (Mo. 1982).
· cites it 9× “170, RSMo 1978, [1] and found guilty by a Jasper County jury of first degree trespass, § 569.140. [2] He was sentenced to serve six months in the county jail.”
State of Missouri v. Charles David Girardier III, 484 S.W.3d 356 (Mo. Ct. App. 2015).
· cites it 7× “Girardier III (“Appellant”) was convicted of one count of the Class B misdemeanor of trespass in the first degree, in violation of Section 569.140, RSMo (2000), following a bench trial in the Circuit Court of Warren County.”
State v. Richie, 376 S.W.3d 58 (Mo. Ct. App. 2012).
· cites it 7× “Background Defendant was charged by the State with the class B misdemeanor of first-degree trespass, in violation of Section 569.140, RSMo 2000, 1 and the class A misdemeanor of resisting a lawful detention, in violation of Section 575.”
Gittemeier v. State, 527 S.W.3d 64 (Mo. 2017).
· cites it 2× “010, 1 and one count of misdemeanor trespass in the first degree, section 569.140. The charges arose after Mr.”
State v. Callen, 45 S.W.3d 888 (Mo. 2001).
· cites it 12× “The case commenced on June 5, 2000, when defendant Joseph Callen was charged with the class D felony of trespass in the first degree under section 569.140, RSMo 1994, and the enhanced punishment provision of section 557.”
State v. Hill, 497 S.W.3d 391 (Mo. Ct. App. 2016).
· cites it 12× “” Section 569.140. 1 The chapter, definitions provided in Section 569.”
State v. O'BRIEN, 784 S.W.2d 187 (Mo. Ct. App. 1989).
· cites it 6× “Sections 569.140, 569.010(8), R.S.Mo.1986.”
State v. Mondaine, 178 S.W.3d 584 (Mo. Ct. App. 2005).
· cites it 7× “Pursuant to section 569.140 RSMo *587 (2000) 1 . 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.”
State v. Martin, 624 S.W.2d 879 (Mo. Ct. App. 1981).
· cites it 4× “We agree that first degree trespass, § 569.140, RSMo 1978 is a lesser or included offense of first degree burglary, § 569.”
State v. Nolan, 872 S.W.2d 99 (Mo. 1994).
· cites it 3× “§ 569.140, RSMo 1986. Nolan was not charged with entering the apartment, but only with opening the transom window.”
— Mo. Rev. Stat. § 569.140(1) — 1 case
State v. Prier, 634 S.W.2d 197 (Mo. 1982).
“170, RSMo 1978, [1] and found guilty by a Jasper County jury of first degree trespass, § 569.140. [2] He was sentenced to serve six months in the county jail.”
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