§ 22-77. Criminal trespass.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Health care facility means any licensed medical care facility, certificated health maintenance organization, licensed mental health center, or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.

(2)

Health care provider means any person:

a.

Licensed to practice a branch of the healing art;

b.

Licensed to practice psychology;

c.

Licensed to practice professional or practical nursing;

d.

Licensed to practice dentistry;

e.

Licensed to practice optometry;

f.

Licensed to practice pharmacy;

g.

Registered to practice podiatry;

h.

Licensed as a social worker; or

i.

Registered to practice physical therapy.

(b)

Criminal trespass is defined as:

(1)

Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft, other than railroad property, by a person who knows such person is not authorized or privileged to do so; and:

a.

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

b.

Such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

c.

Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained; or

(2)

Entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.

(c)

Criminal trespass is a class B violation.

(d)

Upon a conviction of a violation of subsection (b)(1)c, a person shall be sentenced to not less than 48 consecutive hours of imprisonment, which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.

(e)

This section shall not apply to:

(1)

A land surveyor, licensed pursuant to K.S.A. ch. 74, art. 70, and amendments thereto, and such surveyor's authorized agents and employees who enter upon lands, waters, and other premises in the marking of a survey.

(2)

Railroad property as defined in K.S.A. 21-5809, and amendments thereto, or nuclear generating facility as defined in K.S.A. 66-2302, and amendments thereto.

(Code 1964, § 23-53(a); Code 1988, § 22-41; Ord. No. 61314, § 1, 4-24-1980; Ord. No. 64203, § 1, 12-2-1982; Ord. No. 65498, § 13, 1-4-1990; Ord. No. 65883, § 8, 3-10-1994; Ord. No. 66173, § 5, 11-7-1996; Ord. No. O-66-02, § 1, 9-5-2002; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. 21-3721.

Cross reference

Definitions generally, § 1-2.