What Is Criminal Trespass in Kentucky?

A person commits criminal trespass in Kentucky if they knowingly enter or remain on property that does not belong to them, even after being warned that they have no authority to be there. It may simply be explained as going onto another person’s property, land, home, building, or structure without their consent and/or refusing to leave after being warned to.

Kentucky Revised Statutes Chapter 511 Sections 060 through 090 separate trespass offenses into different levels of severity based on where they occur. For example, trespassing in a private dwelling or a secured office building is considered more serious than being in an open field. The key point in trespass cases is notice, meaning the offender must have reason to know they are not supposed to be on the property. Notices may be provided by signage stating “no entry or no trespassing”, fencing, and other barriers. A verbal warning from occupants or the property owner may also serve as sufficient notice.

How to Look Up Public Criminal Trespass Records in Kentucky

Public criminal trespass records are available from official government sources such as the Kentucky Courts and the local clerks of courts. Record seekers may look up public criminal trespass records in Kentucky using any of the following options.

• The Kentucky Court of Justice Online Portal: Court records, including criminal trespass records, may be found using the CourtNet 2.0 database maintained by the Kentucky Court of Justice. Record seekers are required to create a profile or log in as a guest to search for criminal court records online using the search tool. Basic search results are free, while more extensive records may require a fee.
• Administrative Office of the Courts (AOC) Background Check: For official criminal record checks, interested parties may request a statewide criminal records report from the AOC for $25 per name searched. Requests may be made in person, online, or by mail.
• The Kentucky State Police: The state police also offers the general public and authorized organizations official criminal background checks. For fees starting from $20 per search, record seekers may order a name-based check or a more extensive and expensive fingerprint-based check.

For records that may not be available online, record seekers may contact the local Clerk of Courts in the county where the case was heard. Notable juvenile records, as well as sealed or expunged records, are confidential and typically inaccessible to the public.

Types of Criminal Trespass Offenses

According to Kentucky law, criminal trespass may be charged at different levels and severity depending on where the offense occurred and the general circumstances of the case. The law divides the offenses into degrees with other penalties:

• Criminal trespass in the third degree (KRS § 511.080) is the least severe variation and occurs when the trespass happens on open land or property and the trespasser was given notice via a fence or posted signage. It typically results in fines instead of jail time.
• Criminal trespass in the second degree (KRS § 511.070) happens when a person unlawfully enters or remains on an enclosed or fenced property, such as the backyard of a home or a farm. It is typically a Class B misdemeanor punishable by jail time and a fine.
• Criminal Trespass in the First Degree (KRS § 511.060) is the most serious form of criminal trespass in Kentucky. It happens when a person knowingly enters or remains in another person’s home or dwelling without permission or authority. It is considered a Class A misdemeanor as it involves private homes and results in fines and prison time.

For more information about how these types of crimes fit in the Kentucky legal system, record seekers may learn from criminal records websites and repositories.

Penalties for Criminal Trespass in Kentucky

In Kentucky, a criminal trespass conviction is considered a serious offense that results in penalties including jail time and fines. The penalties imposed typically depend on where the trespass occurred, the circumstances of the case, and whether the trespasser was a repeat offender. Criminal trespasses are usually misdemeanors or violations, but may be escalated to felonies when another serious crime like burglary, theft, or assault is committed during the trespass.

The penalties for a criminal trespass typically depend on the degree or severity of the offense:

• First-degree criminal trespass incurs up to 12 months in jail and up to $500 in fines.
• Second-degree criminal trespass results in up to 90 days in prison and up to $250 in fines
• Third-degree violations are considered violations and typically only incur fines.

Aggravating factors that may lead to the charges being increased include the offender being armed with a weapon or damaging any property, trespassing at night, or returning after being warned.

The table shows a quick overview of the criminal trespassing offenses in Kentucky and their penalties.

Can You Be Arrested for Criminal Trespass in Kentucky?

Yes, most criminal trespass crimes are misdemeanors, which are arrestable offenses in Kentucky. Police or other law enforcement agents have the authority to arrest trespassers when they are found on another person’s property without permission, especially if there are clear instructions from signs, fencing, or even verbal warnings, showing that they may not be there.

An arrest may also take place after the trespasser has left the property, if there is reasonable evidence that they knowingly entered or stayed in private property illegally. This may come in the form of electronic surveillance, such as security camera footage or eyewitness statements. Although low-level trespass offenses may only result in citations, law enforcement is still authorized to arrest trespassers if there are aggravating factors, like violence or refusal to leave.

How Criminal Trespass Differs from Breaking in or Burglary in Kentucky

People may confuse criminal trespassing with unlawful entry or burglary; however, the law in the state treats these offenses quite differently. The main distinction between them is the intent to commit a crime, meaning what the offender planned to do after entering the property.

Burglary involves entering or remaining on a property with the intent to commit another crime once inside. This includes assault, theft, or vandalism on the property. Even if nothing eventually happens, the intent to do so makes it a more serious offense.

On the other hand, criminal trespass is simply a person being somewhere they are not supposed to be without permission, including private homes, fenced-off property, or an open area. The intent to commit a crime is not required for a trespass offense; only the fact that they were there matters.
“Breaking and entering” is not used for a different offense in Kentucky, as it's considered part of the burglary statutes according to KRS § 511.020 to § 511.040. Actually, breaking in or forced entry is not compulsory for a burglary charge. Simply entering the property with criminal intent may be considered burglary.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Kentucky?

In Kentucky, the prosecutor’s office may reduce, dismiss, or offer plea deals for criminal trespass charges, particularly in cases concerning minor violations or misdemeanors and first-time offenders. When offenses are minor with no violence or damage to the property, the courts are more open to resolving the case without jail time if the offender cooperates and shows appropriate remorse for their actions.

One of the methods used to dismiss or reduce charges in Kentucky is the pretrial diversion program. If they accept, the defendant joins the program and completes several conditions, such as probation, community service, educational programs, or counseling for a set period. After completing the program successfully, the case may be dismissed and typically will not be considered a conviction. Successful completion of a diversion program may also make the record eligible for expungement later, removing it from public access.

First-time offenders may also be offered a plea deal where they plead guilty and, instead of jail time, enter an agreement where they pay fines and complete community service. When little or no harm is caused by the offense, the court may agree to dismiss the charge or reduce it to a non-criminal violation, such as an ordinance violation.

Will a Kentucky Criminal Trespass Charge Stay on Your Record?

A criminal trespass may appear on a permanent record in Kentucky if it ends in a conviction and remains permanently if steps are not taken to remove it later. An offense being on a public record means it is accessible to all members of the public, including prospective employers and landlords. Even though criminal trespass offenses are considered misdemeanors, they typically still show up during background checks and court record searches.

Suppose a case was dismissed, resolved through a diversion program, or otherwise never led to a conviction. In that case, it is usually eligible for expungement, so it does not remain on a criminal record permanently. Diversion programs allow first-time offenders to complete a program instead of regular jail time. On completion, records of the charge may be expunged and removed from the public database.

Low-level non-violent offenses, such as misdemeanors, are typically eligible for expungement in Kentucky. Although misdemeanors that did not end in convictions may be easier to expunge, even convictions may be erased after a waiting period if they meet the required criteria.

Expungement or Record Sealing Options in Kentucky

Kentucky law permits charges and convictions for criminal trespass to be expunged depending on how the case was resolved. Although sealing and expungement are used interchangeably, they mean slightly different things under Kentucky law.

Expungement permanently removes a criminal record from public view and court records as if it never happened. It typically no longer appears in background checks and legal searches, and people are legally allowed to say it never happened. Sealing, on the other hand, legally limits access to the record. While the general public cannot access sealed records, law enforcement and courts may still have access.

According to Kentucky Revised Statutes § 431.078, most misdemeanors, including criminal trespass, are eligible for expungement. While convictions require a 5-year waiting period before they may be expunged, nonconvictions, such as dismissals, acquittals, and cases resolved via diversion programs, may be expunged immediately. To be eligible to petition for expungement, the following criteria must be met:

• The offender must have completed all court requirements, including probation, counselling, restitution, payment of fines, and all other court costs.
• The defendant must have no new plea deals, pending cases, or convictions within the waiting period.

This aims to provide non-violent first-time offenders with a clean slate, allowing them to move on in life without complications from a criminal record.