511.090 General provisions.
(1)
(2)
(3)
(4)
(5)
A person "enters or remains unlawfully" in or upon premises when he is not
privileged or licensed to do so.
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.
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.
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.
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.
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