Kentucky Statutes 511.090 – General provisions
Current as of: 2024 | Check for updates
|
Other versions
(1) A person “enters or remains unlawfully” in or upon premises when he is not privileged or licensed to do so.
(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person.
(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public.
(4) A person who enters or remains upon unimproved and apparently unused land 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 be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 338, sec. 13, effective July 14, 2000. — Created
1974 Ky. Acts ch. 406, sec. 104, effective January 1, 1975.
(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person.
Terms Used In Kentucky Statutes 511.090
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Premises: includes the term "building" as defined herein and any real property. See Kentucky Statutes 511.010
(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public.
(4) A person who enters or remains upon unimproved and apparently unused land 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 be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 338, sec. 13, effective July 14, 2000. — Created
1974 Ky. Acts ch. 406, sec. 104, effective January 1, 1975.