Jefferson County Trespassing Attorney

Trespass, First Degree

A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

Trespass first degree is normally charged in the case where someone enters the property of another even though there are “no trespassing” signs posted or clearly visible purple paint markings. Also, entering upon land after a person has been told they are not welcome would also be an example of trespass first degree.

The offense of trespass in the first degree is a class B misdemeanor for which the maximum authorized punishment is up to 6 months in the county jail and/or a fine of up to $1000.

Trespass, Second Degree

A person commits trespass in the second degree if he or she enters unlawfully upon real property of another. This is an offense of absolute liability.

Trespass second degree is charged in cases where someone simply enters upon someone else’s land. It doesn’t matter if there are signs posted or if the owner has specifically told the person they could not enter. The offense of trespass second is committed once the person enters on to the property.

Trespass in the second degree is an infraction which carries a maximum punishment of up to a $400 fine.

Trespass of a School Bus

A person commits the offense of trespass of a school bus if he or she knowingly and unlawfully enters any part of or unlawfully operates any school bus.

The offense of trespass of a school bus is a class A misdemeanor with a maximum punishment of up to 1 year in the county jail and/or a fine of up to $2000.

Trespassing charges often go hand in hand with other criminal offenses such as stalking, harassment, violation of protective order, or domestic violence cases. Trespassing may also be charged in the case of disorderly conduct or loitering as there are no state laws specifically dealing with those situations. However, in municipalities conduct such as disorderly conduct and loitering are themselves separate charges.

Hunting

If you are a hunter, you are not permitted to trespass on another’s property. This includes entering upon someone else’s land to retrieve a wounded animal. There are Missouri laws that specifically deal with these situations.

Unlawfully Entering or Defacing a Cave or Cavern

Unless a person has the prior written permission of an owner, officer, lessee, or superintendent of a cave or cavern, such person commits the offense of unlawfully entering or defacing a cave or cavern if he or she: Willfully or knowingly breaks, breaks off, cracks, carves upon, writes or otherwise marks upon, or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars, or harms the surfaces of any cave or any natural material therein including, without limitation, stalactites, stalagmites, helictites, anthodites, gypsum flowers, or needles, cave pearls, flowstone, draperies, rimstone, spathites, columns or similar crystalline mineral formation, including the host rock thereof; or Breaks, forces, tampers with, removes, or otherwise disturbs a lock, gate, door or other structure designed to prevent entrance to a cave or cavern. A person violates this subsection whether or not entrance to the cave or cavern is achieved.

The offense of unlawfully entering or defacing a cave or cavern is a class A misdemeanor with a maximum authorized punishment of up to 1 year in the county jail and/or a fine of up to $2000.