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21-3721

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3721.   Criminal trespass.(a) Criminal trespass is:

      (1)   Entering or remaining upon or in any land, nonnavigable body of water,structure, vehicle, aircraft or watercraft, other than railroad propertyasdefined inK.S.A. 21-3761, and amendments thereto, or nucleargeneratingfacility as defined in K.S.A. 2007 Supp. 66-2302, andamendmentsthereto, by a person whoknows such person is not authorized or privileged to do so, and:

      (A)   Such person enters or remains therein in defiance of an order not toenter or to leave such premises or property personally communicated to suchperson by the owner thereof or other authorized person; or

      (B)   such premises or property are posted in a manner reasonably likely tocome to the attention of intruders, or are locked or fenced or otherwiseenclosed, or shut or secured against passage or entry; or

      (C)   such person enters or remains therein in defiance of a restraining orderissued pursuant to K.S.A. 60-1607,60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 2007 Supp. 38-2243,38-2244 or 38-2255, andamendments thereto, and the restraining order has been personally served uponthe person so restrained; or

      (2)   entering or remaining upon or in any public or private land or structurein a manner that interferes with access to or from any health care facility bya person who knows such person is not authorized or privileged to do so andsuch person enters or remains thereon or therein in defiance of an order not toenter or to leave such land or structure personally communicated to such personby the owner of the health care facility or other authorized person.

      (b)   As used in this section:

      (1)   "Health care facility" means any licensed medical care facility,certificated health maintenance organization, licensed mental health center, ormental health clinic, licensed psychiatric hospital or other facility or officewhere services of a health care provider are provided directly to patients.

      (2)   "Health care provider" means any person: (A) Licensed to practice abranch of the healing arts; (B) licensed to practice psychology; (C) licensedto practice professional or practical nursing; (D) licensed to practicedentistry; (E) licensed to practice optometry; (F) licensed to practicepharmacy; (G) registered to practice podiatry; (H) licensed as a social worker;or (I) registered to practice physical therapy.

      (c) (1)   Criminal trespass is a class B nonperson misdemeanor.

      (2)   Upon a conviction of a violation of subsection (a)(1)(C), a personshall be sentenced to not less than 48 consecutive hours of imprisonment whichmust be served either before or as a condition of any grant of probation orsuspension, reduction of sentence or parole.

      (d)   This section shall not apply to a land surveyor, licensed pursuant toarticle 70 of chapter 74 of the Kansas Statutes Annotated, and amendmentsthereto, and such surveyor's authorized agents and employees who enter uponlands, waters and other premises in the making of a survey.

      History:   L. 1969, ch. 180, § 21-3721;L. 1979, ch. 92, § 13;L. 1980, ch. 99, § 1;L. 1986, ch. 161, § 3;L. 1992, ch. 183, § 6;L. 1993, ch. 291, § 79;L. 1996, ch. 30, § 2;L. 1996, ch. 211, § 2;L. 2002, ch. 141, § 11;L. 2003, ch. 128, § 17;L. 2004, ch. 129, § 2;L. 2006, ch. 27, § 6;L. 2006, ch. 200, § 85; Jan. 1, 2007.