In Kentucky, trespassing is a criminal offense, and entering a property without permission can result in serious consequences—including criminal charges, expensive fines, and up to twelve months in jail.
Property owners in Kentucky have the right to protect their property and prohibit public entry. But posting signs and putting up fences doesn’t always keep trespassers at bay—so if you notice or suspect trespassers on your property, it’s important to understand your state’s trespassing laws.
Here with a breakdown of the standards and statutes in your state is Jerry
, the trusted brokerage app and insurance expert that saves homeowners time and money on home insurance
. We’ll cover what the law defines as trespassing, how to handle trespassers on your property, and help you find the right policy to protect your home. What does Kentucky law define as criminal trespass?
The Kentucky Revised Statutes
defines criminal trespass in Title 50, chapter 511 in the following way: “any person who enters or remains unlawfully in or upon premises when he is not privileged or licensed to do so” is criminally trespassing. In other words, entering onto or remaining inside another person’s private property, knowingly or otherwise, is considered criminal trespass in the state of Kentucky.
The state does make one small exception to the rule: if you enter an area of seemingly unimproved and unused land that lacks fencing or conspicuous “no trespassing” signage, it’s not technically criminal trespass. But even in cases of accidental trespass, the consequences could still be serious—if you’re convicted of trespassing, you could face a misdemeanor charge.
What are the consequences of trespassing in Kentucky?
In Kentucky, criminal trespass can be broken down into three levels of severity: first-degree criminal trespass, second-degree criminal trespass, and third-degree criminal trespass. Below, we take a closer look at the consequences of each.
First degree
Criminal trespass in the first degree occurs when a person knowingly and unlawfully enters or remains in a dwelling, and is generally considered the most serious form of criminal trespass.
As of July 2022, first-degree criminal trespass became a Class A misdemeanor, making it punishable by up to 12 months in jail, a fine of $500, or both. But in extreme cases, such as during a declared emergency, trespassing in the first degree can be raised to a Class D felony charge, making related punishments more severe.
Second degree
Criminal trespass in the second degree is defined as knowingly and unlawfully entering another person’s property despite there being notice against trespassing present, such as the presence of a fence or posted “no trespassing” signage.
If you decided to hop a fence to take a shortcut or get to a building on the other side, you would be committing second-degree criminal trespass. Second-degree criminal trespass is a Class B misdemeanor offense, punishable by three months of jail time or a $250 fine—or both.
Third degree
Criminal trespass in the third degree is generally the least-serious trespassing offense and occurs when a person knowingly and unlawfully enters into and remains upon privately owned premises. Most of the time, third-degree criminal trespass charges are a result of simple negligence—the trespasser should have known or reasonably concluded the property was not open to the public.
A third degree criminal trespass charge is a violation misdemeanor, which can result in a maximum fine of $250.
MORE: Open container laws in Kentucky
How to protect your property against trespassing
If you’re a property owner in Kentucky, one of the best ways to protect yourself from trespassers is simply by understanding your state’s trespassing laws.
But that’s not the only way you can protect your property! Posting conspicuous signage as well as building an enclosure (i.e. a fence) around your property are both additional ways to protect your property from would-be trespassers—or hold individuals who do trespass accountable.
If you own unused or vacant land, building a fence is imperative to ward off trespassers. In extreme cases, Kentucky law may condone the use of lethal force to protect your property—but only as a last resort.
What to do if you notice a trespasser
If you’ve posted the proper signs but still notice trespassing is occurring on your property, there are a couple of ways you can proceed:
Communicate verbally with the trespasser. Let that person (or group of people) know they are not authorized to be on your property.
Provide written notice. Present the trespasser(s) with a written notice to stop trespassing on your property (and keep a copy for your own records).
File a police report. If trespassing continues after you’ve posted the proper signage and communicated with the individual(s) to stay away from your property, you have grounds to contact your local law enforcement and file a police report, and to seek pressing criminal trespass charges.
Whatever you do to avoid trespassers on your property, be sure to follow the proper legal channels. You should never attempt to set traps for trespassers, as intentionally injuring trespassers is actually illegal.
MORE: Kentucky car insurance
Finding the best home insurance without a hassle
Part of protecting your property means putting up signs and making sure the area is well enclosed—but another part is finding the right Kentucky home insurance policy. Policy maintenance can be just as important as maintaining the property itself, but between filling out forms and waiting on hold with busy insurance companies, handling your home insurance can quickly become a hassle.
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