in kentucky if your county refuses to enforce the law what can you do

Kentucky: Fast Facts on Trespassing

• Trespass Police force Covers: Buildings, dwellings, country, vehicles
• Offense Class: Misdemeanor
• Fencing Required?: Depends; for trespass in second degree and required for unused land.
• Signage Required?: Simply for marking of unused, unimproved land for trespass protection.
• Verbal Notice Required?: No.

Kentucky Trespassing Law Overview

Kentucky has mostly reasonable trespassing laws that are very short, sweetness, and easy to empathise with no filler, fluff and the minimum of legalese required to get the bespeak across.

All forms of trespassing, no matter what kind then long equally they happen isolated from whatever other criminal activity while trespassing, are misdemeanors. This includes trespassing in or on someone's land, vehicle and even their home.

Simply there is one surprise that the Kentucky statutes have in store, and that is a surprisingly long and in-depth section covering special trespassing upon key infrastructure assets which entail all kinds of places and includes specific linguistic communication nigh remotely operated drones, also.

Even this lengthy section is easy to empathize. We will cover everything you need to know almost trespassing law in the state of Kentucky below.

Relevant Kentucky State Statutes

• 511.010 Definitions
• 511.060 Criminal trespass in the first caste
• 511.070 Criminal trespass in the second degree
• 511.080 Criminal trespass in the third degree
• 511.085 Domestic violence shelter trespass
• 511.090 General provisions
• 511.100 Trespass upon primal infrastructure assets

In keeping with our reviews of most land's trespassing laws, we will brainstorm with the definitions for the Kentucky State statutes.

Like all of the sections salvage one in this affiliate it is curt and to the signal. While there are only a few definitions that you demand to be aware of they are of vital importance for understanding the remainder of the text covering the police equally it is written.

Brand sure you understand what each one ways then y'all do not become the wrong estimation from any other section:

511.010 Definitions.

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Building," in addition to its ordinary meaning, ways whatsoever construction, vehicle, watercraft or aircraft:

(a) Where whatsoever person lives; or

(b) Where people assemble for purposes of business, government, education, religion, amusement or public transportation.

Each unit of a building consisting of ii (2) or more units separately secured or occupied is a split building.

(2) "Dwelling" means a building which is commonly occupied by a person lodging therein.

(3) "Bounds" includes the term "edifice" equally defined herein and any real property.

Like I said, not much to information technology. Of detail interest to most readers is the definition of "building" which includes within it any vehicle exist information technology terrestrial, a watercraft or an aircraft.

Also the term dwelling, which almost of y'all should be familiar and comfortable with, which specifically defines a edifice which is typically occupied by a person for lodging. "Lodging" is not defined in this section, and so it is assumed that has the common meaning.

Lastly "premises" includes within information technology the term "building", so technically they tin can exist used interchangeably in the text, just also any real property, which includes land and specifically unimproved, unoccupied land. Next, nosotros await at criminal trespass in the offset degree, covered in 511.060:

511.060 Criminal trespass in the kickoff caste.

(1) A person is guilty of criminal trespass in the beginning caste when he knowingly enters or remains unlawfully in a dwelling.

(2) Criminal trespass in the first caste is a Class A misdemeanor.

In Kentucky when someone knowingly enters or remains unlawfully inside a abode it is criminal trespass in the beginning degree that volition nab you lot a Form A misdemeanor charge.

Criminal trespass in the second caste is next, covered in 511.070:

511.070 Criminal trespass in the second caste.

(ane) A person is guilty of criminal trespass in the 2nd degree 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.

(2) Criminal trespass in the 2nd caste is a Class B misdemeanor

If a person were to knowingly enter or unlawfully remain in whatsoever building or upon whatsoever premises which has fencing or some other enclosing obstacle effectually it, they are guilty of criminal trespass in the second degree, a Class B misdemeanor in the Commonwealth of Kentucky.

The last standard variation of trespassing in KY is criminal trespass in the third degree, expounded on in 511.080:

511.080 Criminal trespass in the 3rd caste.

(1) A person is guilty of criminal trespass in the tertiary caste when he knowingly enters
or remains unlawfully in or upon bounds.

(2) Criminal trespass in the 3rd caste is a violation.

Someone who knowingly enters or remains unlawfully in or upon whatsoever premises commits criminal trespass in the third degree, beingness a third-degree violation in the state of Kentucky, not even a misdemeanor.

Remind yourself that premises as defined in this chapter covers buildings akin to the definition in that same section and likewise land, even vacant, unimproved land.

This also covers the curtilage of any other piece of real property, meaning the front end yard or backyard of a building or dwelling, or the parking lot if role of the same parcel of whatever commercial building if specific license to enter is not given.

Next upward is our kickoff special instance of trespassing covered in the law, domestic violence shelter trespass, plant in section 511.085:

511.085 Domestic violence shelter trespass.

(1) Equally used in this section, "domestic violence shelter" means a residential facility
providing protective shelter services for domestic violence victims.

(2) A person is guilty of domestic violence shelter trespass when:

(a) The person enters the buildings or premises of a domestic violence shelter that
the person knows or should know is a domestic violence shelter or which is
clearly marked on the building or premises as beingness a domestic violence
shelter; and

(b) At the time of the entering, the person is the discipline of an social club of protection
every bit defined in KRS 403.720 and 456.010.

(iii) Information technology shall exist a defence to a prosecution nether this department that the person entered the
shelter with the permission of the operator of the shelter after disclosing to the
operator that the person is the discipline of an order of protection or a foreign
protective guild. Authority to enter under this subsection may not exist granted by a
person taking shelter at the facility.

(4) A person shall non be bedevilled of a violation of this section and a violation of KRS
511.060, 511.070, or 511.080 arising from the same human action of trespass.

(5) Domestic violence shelter trespass is a Course A misdemeanor.

This section is a little more complicated, but but a little.

In essence, information technology is trespassing if someone who is currently under a protective restraining order enters or attempts to enter any clearly marked domestic violence shelter unless they have the explicit permission of the operator of the shelter after informing them that they are under a protective lodge.

At whatsoever charge per unit, violation of this statute is a Class A misdemeanor.

Side by side up are the general provisions of the chapter. Commonly encountered earlier in almost states laws, Kentucky seems to have tucked it into the back end:

511.090 General provisions.

(ane) A person "enters or remains unlawfully" in or upon premises when he is not
privileged or licensed to do and then.

(2) A person who, regardless of his intent, enters or remains in or upon premises which
are at the time open up to the public does so with license or privilege unless he defies a
lawful lodge non to enter or remain personally communicated to him by the possessor of
such premises or other authorized person.

(three) A license or privilege to enter or remain in or upon bounds which are only partly
open up to the public is non a license or privilege to enter or remain in or upon a part of
the premises which is non open up to the public.

(4) A person who enters or remains upon unimproved and manifestly unused country
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 exist state where notice confronting trespassing has been given past the
owner of the land, and a person utilizing the railtrail shall be presumed to lack
privilege or license to enter upon that state unless the person has permission from an
adjoining landowner to practise and then.

The language in this section seems fairly circular, but the point of the constabulary is easy to empathize. It clarifies that a person enters or remains unlawfully on a premises when they do not have privilege or license to do so, meaning explicit permission.

Number 2 clarifies that any place open to the public gives any person explicit permission, meaning privilege or license, so long equally they enter or remain just in the part of the edifice or premises that is open to the public.

Note that the owner or the owner's agent can revoke that permission, i.e. ask yous to go out, at whatever time.

Number iv notifies that a person entering or remaining upon apparently unused and unimproved land is not trespassing unless the state is marked with a conspicuous sign barring trespass, or specific detect is given past the possessor that trespassing is forbidden.

Now we get to it at last, the lengthiest section on trespassing in the chapter. 511.100 covers criminal trespass upon cardinal infrastructure avails, and has a surprising amount of specifically named places included within, even if near of usa will not specifically ever be at risk of encountering them, even accidentally:

511.100 Trespass upon key infrastructure assets.

(1) Equally used in this section:

(a) "Key infrastructure assets" means:

1. Any critical node of a arrangement used in the production or generation of
   electric energy;
2. A petroleum refinery;
3. A rubber or hazardous chemical manufacturing facility;
4. A petroleum or hazardous chemical storage facility or final;
5. Natural gas processing, fractionation, stabilization, and compressor
   station facilities, as well as higher up-footing pipelines and related facilities;
6. Railroad yards and railroad tunnel portals;
7. A drinking water drove, treatment, or storage facility;
8. Grounds or property of a state prison, juvenile justice facility, jail, or
   other facility for the detention of persons charged with or convicted of
   crimes;
9. A facility used for research, development, design, production, delivery,
   or maintenance of war machine weapons systems, subsystems, and
   components or parts to come across military requirements of the United states;
   or
10. A wireless communications facility, including the belfry, antennae,
    back up structures and all associated ground-based equipment, and a
    telecommunications key switching part; and

(b) "Unmanned shipping organization" means an aircraft that is operated without the
possibility of directly homo interaction from within or on the aircraft and
includes everything that is on board or otherwise attached to the shipping and
all associated elements, including advice links and the components
that control the small unmanned shipping, that are required for the rubber and
efficient operation of the unmanned aircraft in the national airspace system.

(2) (a) A person commits the criminal offense of trespass upon key infrastructure assets if he
or she knowingly enters or remains unlawfully in or upon real holding on
which central infrastructure assets are located.

(b) A person commits the offense of trespass upon key infrastructure assets if he
or she knowingly uses, or retains or authorizes a person to utilize, an unmanned
aircraft system to fly above real property on which key infrastructure avails
are located with the intent to cause harm or damage to or conduct surveillance
of the key infrastructure asset without the prior consent of the owner, tenant,
or lessee of the existent property.

(3) Trespass upon key infrastructure assets is a Form B misdemeanor for the first
offense, and a Class A misdemeanor for a second or subsequent crime.

(4) This section does non utilize to:

(a) An unmanned aircraft arrangement used past the federal government or past the
Commonwealth, or by a person acting pursuant to a contract with the federal
government or the Commonwealth;

(b) An unmanned aircraft system used by:

1. The owner of the real property or key infrastructure asset;
2. A person under a valid lease, servitude, right-of-mode, correct of use,
   allow, license, or other right granted past the possessor of the existent property
   or central infrastructure asset; or
3. A tertiary party who is retained or authorized by a person specified in
   subparagraph one. or 2. of this paragraph;

(c) An unmanned aircraft system used by a law enforcement agency, emergency
medical service agency, hazardous material response team, disaster
management bureau, or other emergency management agency for the purpose
of incident command, area reconnaissance, personnel and equipment
deployment monitoring, grooming, or a related purpose;

(d) Performance of an unmanned shipping system by a person or entity for a
commercial purpose in compliance with applicable Federal Aviation
Administration authorization, regulations, or exemptions;

(e) A satellite orbiting the earth;

(f) An unmanned shipping organization used by an insurance visitor or a person
acting on behalf of an insurance visitor for purposes of underwriting an
insurance risk or investigating harm to insured holding; or

(yard) An unmanned aircraft system used strictly in accordance with an order of a
court of competent jurisdiction.

And so long as y'all do non enter whatsoever of the named places at the beginning of this section for any reason without authorization, y'all don't take anything to worry well-nigh.

For operators of drones and other unmanned aircraft however, you're going to need to exist more careful unless you are doing it as a specifically authorized individual named in subsection for and its subsequent paragraphs.

While the prohibition on the use of whatsoever remotely operated drone for the purposes of surveillance has a sort of undercover band to information technology, and that might lead you lot to believe that casual use of a drone for aerial hobby photography is harmless, know that "surveillance" tin mean direct observation of any kind when you eddy downward the definition.

Equally such, flying a drone overhead while it relays an optical photographic camera feed dorsum to a receiver, base station or to an internal memory card or hard drive is technically conducting surveillance, no affair why yous are doing it.

All of you lot drone enthusiasts out there accept nifty intendance that you do not let your drone stray over one of these places, or else you're going to have a difficult time proving that yous were not conducting illegal surveillance of the premises.

The part about illegal drone surveillance constituting trespass on one of these protected sites will also issue in the same accuse against you if you lot were to rent someone who is non on the approved list above to do so in your stead. You lot cannot utilize a "cat's paw" for your purposes and evade a charge nether the law in Kentucky.

Determination

Trespassing laws are straightforward and exceedingly simple in Kentucky, even the lengthy section that covers trespass on or in primal infrastructure sites.

So long equally you are non going out of your mode to trespass in Kentucky, you should not take to worry virtually any charges accordingly being leveled against yous, and fifty-fifty if you do you are simply facing a misdemeanor, even for the most serious penalization schedules.

harmanfortionle.blogspot.com

Source: https://www.survivalsullivan.com/kentucky-trespassing-laws/

Share this post