What Is Criminal Trespass in Kansas?

A person commits criminal trespass in Kansas when they deliberately enter or remain on another person’s property without permission after they have been told to leave. In simple terms, a criminal trespass is about being where you have no authority to be, ignoring warnings to stay clear, and refusing to leave when told to do so. Criminal trespassing is typically classified as a Class B non-person misdemeanor under Kansas law.

Kansas Statutes § 21-5808 defines criminal trespass and all the circumstances in which it may occur. The key factors about the offense are notice and intent. Notice may come in various forms, including locked gates and doors, fencing, and verbal or written instructions from someone with authority, like the property owner. It becomes a trespass once the offender fails to leave after being warned, or it has become obvious that they are not welcome. Intent means that the offender knew or should reasonably have known that they should not be there. Accidentally or mistakenly entering private property is not usually considered trespassing until the person refuses or ignores warnings to leave.

How to Look Up Public Criminal Trespass Records in Kansas

To determine if someone has a criminal trespass case or conviction in Kansas, the state provides some official resources for verification. Record checks may be made using various online and in-person options provided by government agencies, such as district courts and the Kansas Bureau of Investigation. Records that may not be available from these sources include expunged records, juvenile records, and grand jury proceedings.

Records may be available online from the Kansas District Court Public Access Portal. Users are required to register for an account and sign in to search for criminal court records online. While viewing the record may be free, copies typically cost a small fee per page, depending on the method of transmission or delivery.

Record requests may also be made in person at the local District Court where the case was heard, particularly for records unavailable online. Requests may also be made by mailing a request form to the appropriate court. Any copies requested typically cost $0.25 per page, and certifying the record incurs an additional $10 charge. As minor misdemeanors, sometimes criminal trespass cases may be handled at the municipal court level instead of the district court.

The Kansas Bureau of Investigation (KBI) provides a statewide criminal history check online on its website. New users are typically required to create an account and sign in to use the service, as well as pay any applicable fees. The check costs $30 per search and typically only displays publicly available results.

Types of Criminal Trespass Offenses

Depending on the facts of the case, a criminal trespass offense in Kansas may range from a low-level misdemeanor offense to a more serious crime. Based on factors like the location of the trespass, the offender’s criminal history, and whether there were repeated warnings, the offense may escalate to higher severity levels. More comprehensive details about these types of crimes are available online from official and third-party sources.

Examples of criminal trespass offenses in Kansas include:

• Basic Criminal Trespass: This is a Class B misdemeanor and applies when a person knowingly enters or stays on private property after being given notice or warnings. This offense typically results in jail time and fines.
• Aggravated or Repeated Criminal Trespass: This is a Class A misdemeanor that occurs when the defendant is a repeat offender with prior convictions for criminal trespass or when the incident takes place in a sensitive or restricted area, such as schools, domestic violence shelters, or secure government facility.
• Felony-level criminal trespass: In Kansas, criminal trespasses are typically misdemeanors but may be escalated to felonies if connected to a more serious crime, such as burglary, assault, property damage, or interference with public safety. In these cases, a prosecutor may charge the combined offense as a felony.

Penalties for Criminal Trespass in Kansas

Criminal trespass offenses in Kansas carry serious penalties that may lead to legal consequences even for first-time offenders. Most criminal trespass offenses are considered misdemeanors, but penalties depend on the circumstances of the case, such as the location where the trespass occurred, if the trespass was committed at night, and the trespasser’s prior criminal record. The courts typically also consider aggravating factors, such as if the trespasser was armed, ignored warnings, and committed further crimes.

Penalties for criminal trespass, according to Kansas law, include the following:

• Common or standard criminal trespass offenses are Class B misdemeanors and carry a sentence of up to 6 months in jail and a fine of up to $1,000.
• If aggravating factors, such as repeat offenses or trespassing in a restricted area, escalate the charge to a Class A misdemeanor, the penalty now includes up to 1 year in jail and up to $2,500 in fines.
• A criminal trespass offense that involved violence, weapons, or the intent to commit another crime may be escalated to a felony trespass. In such cases, the penalties are typically imposed based on the felony level.

Can You Be Arrested for Criminal Trespass in Kansas?

As serious misdemeanors under Kansas law, criminal trespass offenses may lead to serious consequences, including immediate arrest. The law permits law enforcement to arrest offenders when an offense is committed in their presence or when there is probable cause or proof that the offense occurred. Law enforcement officers are authorized to arrest a trespasser on the spot if they are caught entering or remaining on private property without permission. Arrests may also be made after the trespassing incident has occurred if there is reasonable proof, such as the owner's complaint, surveillance footage, or eyewitness statements that show the offender deliberately trespassed.

How Criminal Trespass Differs from Breaking in or Burglary in Kansas

It is possible to mix up criminal trespass with a more serious crime like burglary or unlawful entry, as they have similar elements. However, under Kansas law, these are different offenses and are resolved very differently. The main distinction between these crimes is the intent behind the offense.

While criminal trespass in Kansas is defined as entering and staying on someone’s property without permission, there is no requirement that the trespasser intended to commit another crime, like theft or damage. The offense simply concerns being somewhere illegally. On the other hand, burglary, as defined under Kansas Statutes § 21-5807, involves entering into someone's property without permission with the intent to commit another crime. The intent part of the crime escalates burglary to a felony, even if no damage or theft occurred.

Although forced entry may be considered as an aggravating factor in a burglary charge, it is not considered a separate offense or used to define a crime in the Kansas criminal code.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Kansas?

Prosecutors in Kansas have the flexibility to dismiss, reduce, or offer pleas for criminal trespass charges, particularly when the defendant is a first-time offender and the incident is a low-level offence or a genuine mistake. A defendant with no priors who shows remorse and cooperates with law enforcement may be given a chance to avoid jail and a criminal record.

A common method to resolve such cases is a diversion agreement where the prosecutor offers a plea deal where the defendant completes certain conditions, such as counselling, paying restitution, community service, or a fine, instead of a formal conviction and jail time. If all conditions are completed and the defendant has no new cases during the diversion period, the case may be reduced or dismissed.

Kansas law also permits criminal trespass offenses to be expunged after a waiting period. Cases resolved by diversion agreements and convictions that meet the eligibility criteria may be sealed from public view, removing them from the defendant’s public record.

Will a Kansas Criminal Trespass Charge Stay on Your Record?

Criminal trespass charges and convictions typically appear on and remain on a criminal record permanently in Kansas. This means that it typically is part of the person’s public criminal history available on background checks and public record searches, and remains open to the general public unless steps are taken to remove it.

Non-conviction outcomes of criminal trespass cases may still appear in court case databases, but not as convictions. This means cases where the charges were dismissed, the defendant was acquitted, or completed a court-order diversion program typically are not on a criminal record but are typically part of court records until they are expunged. When records are expunged, they are removed from public access, meaning they no longer appear on background checks.

Kansas permits expungement for criminal trespass cases. Defendants may qualify for expunging their records if they meet specific criteria, including completing a waiting period and maintaining good conduct during that period. For cases where there was no conviction, the records may have less strict criteria for expungement, such as shorter or no waiting period.

Expungement or Record Sealing Options in Kansas

Yes, Kansas law offers options for criminal trespass charges and convictions to be expunged. This allows members of the public, particularly low-level first offenders, to clear their records after completing their sentences. In Kansas, expungement is the proper legal term for the process, although it may often be interchanged with sealing. To expunge a record means to remove it from public access, as if it never occurred; however, certain law enforcement and government agencies may still have limited access to the record.

According to Kansas Statutes § 21-6614, misdemeanors, such as criminal trespass offenses, may be expunged three years after completing all parts of their sentence, which include jail time, fines, probation, or diversion programs. The record may be eligible for expungement after the waiting period is complete, provided the applicant has no new convictions or pending cases within that time. Where the case ended without a conviction, such as an acquittal or dismissal, the applicant may be able to petition for an immediate dismissal. If the petition is successful, the record will no longer be available to the public, including employers and landlords, allowing the applicant to move forward with a clean slate.