What is the law on Criminal Trespass in Prairie Village Municipal Court?
Prairie Village, like other cities, is governed by a set of city laws. Each of those city laws is called an ordinance and all of those ordinances together is call the city code. The city code dictates nearly everything that happens in the city limits of Prairie Village. How fast you drive, how tall your grass can grow, what businesses you can buy goods from, how tall your garage can be all are governed by the city code. As one might imagine the city code is comprehensive and exhaustive. Writing, proposing and passing an entire city code is a huge time and monetary commitment by the city, especially for a city council that only meets a couple times a month. In an effort to streamline the costs and efforts associated with promulgating the city code the city counsel members have chosen to adopt a prewritten set of laws to cover many of the city's ordinances. The city has adopted the Uniform Code for Kansas Municipalities. This is the city ordinance prohibiting Criminal Trespass in the city of Prairie Village.
Sec. 6.7. Criminal Trespass.
(a) Criminal trespass is entering or remaining upon or in any:
(1) Land, non-navigable body of water, structure, vehicle, aircraft or watercraft 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.
(2) 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.
(b) (1) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments 60 thereto, and such surveyor’s authorized agents and employees who enter upon lands, waters, and other premises in the making of a survey; or (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.
(c) Criminal trespass is a Class B violation.
Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which shall be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. (d) As used in this section: (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; and (2) Health care provider means any person: (A) Licensed to practice a branch of the healing arts; (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 (K.S.A. 21-5808)
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation
I've been charged with Criminal Trespass in Prairie Village Municipal Court, now what?
If you've been charged with criminal trespass in Prairie Village and you've found this page you are already doing the right thing, researching the law. Anytime you face a problem you're best to educate yourself before you make any critical decisions. Reading the law that you're charged with violating is always a good place to start. The problem with the law is it sometimes leads to more questions than answers. If you have more questions read the commonly asked questions associated with criminal trespassing, this guide is written by a lawyer that handles criminal trespassing cases. After you've completed your research and gotten as much knowledge as you can about the charge it's time to sit down with an experienced criminal defense lawyer get some questions answered. Focus your time with the lawyer on getting your legal questions answered but also inquire as to the people and personalities involved in the Prairie Village Municipal Court. Having a lawyer with experience in the Prairie Village Municipal Court is vital as knowing how the court generally handles these types of cases is just as important as knowing the law.