Source or Prior Law:

21-2435, 21-2436, 32-139, 32-142.

Cross References to Related Sections:

Section referred to in defining abandonment of vehicles on private property as criminal trespass, see 8-1102(b).

Land surveyor liability, see 74-7046.

Law Review and Bar Journal References:

"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 557, 560, 564 (1983).

"Survey of Kansas Law: Criminal Law," Robert A. Wason, 32 K.L.R. 395, 420 (1984).

"2002 Legislative Wrap Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

Attorney General's Opinions:

Applicability of criminal trespass to nonnavigable body of water. 80-161.

Regulation of hunting and fishing on fee-patented lands within the boundaries of an Indian reservation. 82-120.

Domestic violence matters; written policies adopted by law enforcement agencies; protection from abuse act. 92-34.

Subject and title of legislative bills regarding health care and abortion. 92-52.

Restraining orders violations; criminal trespass; probable cause for arrest. 94-74.

Federal violence against women act; enforcement of orders issued by courts in other states. 95-107.

Natural resource officers not criminally liable for trespass on private lands in pursuit of statutory duties. 2007-37.

CASE ANNOTATIONS

1. Applied; instructions hereunder not required; prosecution for aggravated assault and aggravated burglary. State v. Williams, 220 Kan. 610, 612, 613, 614, 615, 556 P.2d 184.

2. No violation of section; jurisdiction under §§ 7 and 8 of the national labor relations act (29 U.S.C. §§ 157 and 158) appropriate. Reece Shirley & Ron's, Inc. v. Retail Store Employees Union & Local 782, 222 Kan. 373, 376, 565 P.2d 585.

3. Referred to in reversing conviction of felony murder; instructions prejudicial to defense. State v. Foy, 224 Kan. 558, 568, 582 P.2d 281.

4. No error in failure to instruct on criminal trespass in attempted burglary case. State v. Bell, 6 Kan. App. 2d 573, 631 P.2d 254 (1981).

5. Mentioned in upholding conviction of aggravated assault. State v. Johnson, 6 Kan. App. 2d 750, 752, 634 P.2d 1137 (1981).

6. Meaning of "structure" within purview hereof compared with meaning within purview of burglary statute. State v. Fisher, 232 Kan. 760, 762, 763, 658 P.2d 1021 (1983).

7. Defendant cannot be convicted of burglary for acts constituting no more than criminal trespass. State v. Harper, 9 Kan. App. 2d 349, 352, 676 P.2d 774 (1984).

8. Conviction hereunder; sufficiency of evidence. State v. Hanks, 236 Kan. 524, 525, 536, 694 P.2d 407 (1985).

9. Insanity defense (K.S.A. 22-3219) as speedy trial delay (K.S.A. 22-3402), diminished capacity instruction, ex parte order for psychiatric evaluation examined. State v. Maas, 242 Kan. 44, 744 P.2d 1222 (1987).

10. Consecutive sentences mandated by specific provisions in K.S.A. 21-4608(4) as controlling over general provisions in K.S.A. 21-4608(7) examined. State v. Daniels, 18 Kan. App. 2d 338, 853 P.2d 65 (1993).

11. Criminal trespass not lesser included offense of burglary. State v. Rush, 18 Kan. App. 2d 694, 698, 859 P.2d 387 (1993).

12. Whether criminal trespass is a lesser included offense of burglary; legislative history examined. State v. Rush, 255 Kan. 672, 674, 676, 678, 877 P.2d 386 (1994).

13. Bail bondsman does not have right to enter home of third party, where bondsman does not have reasonable belief of principal's presence, without consent of third party. State v. Burhans, 277 Kan. 858, 89 P.3d 629 (2004).

14. Kansas burglary statute makes no reference to entry upon land while the criminal trespass statute does. City of Wichita v. Bannon, 42 Kan. App. 2d 196, 209 P.3d 207 (2009).