Burglary Attorney in Oldham County, Kentucky

KRS CHAPTER 511 BURGLARY AND RELATED OFFENSES

KRS 511.010 Definitions 

The following definitions apply in this chapter unless the context otherwise requires: (1) "Building", in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation. Each unit of a building consisting of two (2) or more units separately secured or occupied is a separate building. (2) "Dwelling" means a building which is usually occupied by a person lodging therein. (3) "Premises" includes the term "building" as defined herein and any real property. KRS 511.020 Burglary in the first degree (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime. (2) Burglary in the first degree is a Class B felony.  

@@@Notice below at the bottom of the burglary and trespass. At the very end is an addition of the law making it more unmaleable and tougher if committed during the commission of domestic problems.  

KRS 511.030 Burglary in the second degree

(1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling. (2) Burglary in the second degree is a Class C felony. 

KRS 511.040 Burglary in the third degree

(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building. (2) Burglary in the third degree is a Class D felony. 

KRS 511.050 Possession of burglar's tools 

(1) A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his: (a) Intention to use the same in the commission of an offense of such character; or (b) Knowledge that some other person intends to use the same in the commission of an offense of such character. (2) Possession of burglar's tools is a Class A misdemeanor. 

KRS 511.060 Criminal trespass in the first degree 

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling. (2) Criminal trespass in the first degree is Class A Misdemeanor. SECTION 8: KENTUCKY PENAL CODE 8.3.2 

KRS 511.070 Criminal trespass in the second degree 

(1) A person is guilty of criminal trespass in the second 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 second degree is a Class B misdemeanor. 

KRS 511.080 Criminal trespass in the third degree

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (2) Criminal trespass in the third degree is a violation. 

KRS 511.085 Domestic violence shelter trespass 

(1) As 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 being a domestic violence shelter; and (b) At the time of the entering, the person is the subject of an order of protection entered under KRS 403.740 or 403.750 or a foreign protective order filed under KRS 403.7521. (3) It shall be a defense to a prosecution under this section 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 subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility. (4) A person shall not be convicted of a violation of this section and a violation of KRS 511.060, 511.070, or 511.080 arising from the same act of trespass. (5) Domestic violence shelter trespass is a Class A misdemeanor. KRS 511.090 General provisions (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.