2005 Missouri Revised Statutes - § 569.140. — Trespass in the first degree.

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

2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to the attention 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.

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