SECOND REGULAR SESSION
SENATE BILL NO. 960
90TH GENERAL ASSEMBLY
INTRODUCED BY SENATORS HOWARD AND MAXWELL.
Read 1st time February 3, 2000, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4365S.01I
AN ACT
To repeal section 569.140, RSMo 1994, relating to trespassing, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.
Section A. Section 569.140, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 569.140 and 569.143, to read as follows:
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] Posting by placing signs around the boundaries of the property at points no less than one thousand feet apart and at each established point of entry bearing the words "POSTED NO TRESPASSING" in letters at least four inches in height and readily visible to any person approaching such property.
3. Trespass in the first degree is a class B misdemeanor.
569.143. 1. Any person who opens a closed entranceway or gate, or in any way renders ineffective any legal fence defined pursuant to the provisions of chapter 272, RSMo, which is designed to close or enclose the land of another person and fails to close such gate or entranceway or otherwise restore any such enclosure of land to a state of being closed shall be guilty of a class A misdemeanor.
2. It shall be unlawful for any person to enter upon any enclosed land belonging to another person except by way of a gate or other established opening. Any person so entering shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars for the first offense and not less than two hundred fifty dollars for the second such offense.
3. It shall be unlawful for any person to enter upon any land belonging to another person located outside of the boundaries of any city or town without written permission of the landowner or lessee if such land is cropland or lawfully posted against trespassing as defined in section 569.140 or enclosed by a lawful fence as defined in chapter 272, RSMo. Any person so entering such land shall be guilty and subject to a fine of one hundred dollars.
4. It shall be unlawful to enter upon any lands or real property of another person which is posted pursuant to section 569.140 or 569.145 for any recreational purpose without the written permission of the owner or lessee of such property.
5. A violation of this section shall be a class B misdemeanor if such land was lawfully posted against trespassing pursuant to sections 569.140 or 569.145.
6. It shall be an affirmative defense to prosecution pursuant to this section that a person who has entered the enclosed land of another person:
(1) Did not knowingly enter upon another persons property;
(2) Was a guest or invitee of the owner or lessee of such land or a person claiming to be the owner or lessee;
(3) Entered upon such property for reasons of health and safety or legitimate business;
(4) Was legally authorized to enter such land; or
(5) Has entered upon privately owned land which is, for any reason, open to the public.