Kansas Criminal Trespassing Defense

In Kansas there are two types of trespassing charges: criminal and civil. Law enforcement enforces criminal trespassing. Land, home and property owners will need to file a court action to enforce civil trespassing. This can be to collect damages caused by a trespasser even if no crime was committed.

Trespassing occurs when a person enters or remains on someone else's property without permission. This can include both private and public property. To be considered trespassing, the person must have entered or remained on the property without the owner's consent or authorization. This means that the owner must have either revoked their permission for the person to be on the property, or the person was never given permission in the first place.

The specific laws and penalties for trespassing can vary depending on the state or jurisdiction. In some states, trespassing is considered a minor offense, while in others it can be classified as a felony. The severity of the offense and the resulting penalties will depend on the circumstances surrounding the incident and the individual's criminal history.

It's important to note that trespassing can also occur in situations where the person had permission to enter the property, but their authorization is later revoked. For example, if a person is asked to leave a store and refuses, they can be charged with trespassing.

If you are facing a trespassing charge, it's important to contact a criminal defense attorney who can advise you on your legal options and help you navigate the criminal justice system. They can help you understand the specific laws and penalties in your state or jurisdiction, and can work with you to develop a defense strategy.

Criminal Trespass (Class B Nonperson Misdemeanor) Is Entering or Remaining upon or in Any of the Following:

• Land
• Non-navigable body of water (deep and wide enough to provide passage to ships)
• Structure
• Vehicle
• Aircraft
• Watercraft
• public or private land or structure in a manner that interferes with access to or from any health care facility*

By someone who knows they are not authorized or privileged to do so AND:

1. Enters or remains therein in defiance of an order not to enter or to leave premises or property personally communicated by the owner thereof or other authorized person.
2. Signs are posted on premises or property in a noticeable place that will likely be seen,
   • or are locked,
   • or fenced,
   • or enclosed,
   • or shut
   • or secured against passage or entry