569.140. Trespass in the first degree. - Missouri Statutes

Trespass in the first degree.

569.140. 1. A person commits the crime of trespass in thefirst degree if he knowingly enters unlawfully or knowinglyremains unlawfully in a building or inhabitable structure or uponreal property.

2. A person does not commit the crime of trespass in thefirst degree by entering or remaining upon real property unlessthe real property is fenced or otherwise enclosed in a mannerdesigned to exclude intruders or as to which notice againsttrespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to theattention of intruders.

3. Trespass in the first degree is a class B misdemeanor.

(L. 1977 S.B. 60)

Effective 1-1-79

CROSS REFERENCES:

Streams and rivers, no civil liability for adjoining landowners, when, RSMo 258.200

Violation of this section may also be ethnic intimidation, RSMo 574.090

(1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.

(1984) Differentiates "burglary in the second degree" from trespass in the first degree. (Mo.App.) State v. Butler, 665 S.W.2d 41.