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Missouri Criminal Trespass Laws


Committed or attempted to commit a class A felony or murder; or ... Class A Felony: At least 10 years and up to 30 years (or life imprisonment) ... – PowerPoint PPT presentation

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Title: Missouri Criminal Trespass Laws

Missouri Criminal Trespass Laws
  • Must there be signs posting Keep Out?
  • Will purple paint markings be legal to post my
  • What is landowners dont have signs nor
    purple-paint markings?
  • Can landowners make a citizens arrest of
  • If convicted (or guilty plea), what is the
    maximum fine? Maximum jail sentence?

Two Degrees of Criminal Trespass
  • First Degree More serious
  • Misdemeanor B up to 500 fine, and/or up to 6
    months in jail
  • Second Degree Less serious
  • Infraction up to 200 fine (no jail)

First Degree TrespassMO Stat 569.140
  • Person must knowingly enter upon the real
    property of another in an unlawful manner
  • Entering upon land fenced or enclosed in a manner
    designed to exclude intruders
  • Ignoring actual communication by the landowner
    not to enter or remain on the land
  • Entering land posted in a manner reasonably
    likely to attract attention of intruders
  • If purple-paint marks are used, must satisfy
    statutory requirements (MO Stat 569.145)
  • For signs, there are no statutory requirements in
    Missouri other than that the signs be reasonably
    likely to attract the attention of intruders

Purple Paint PostingMO Stat 569.145
  • Markings must be on trees or posts
  • Vertically at least 8 inches long (tall)
  • Bottom edge must be between 3 and 5 feet from the
  • No more than 100 feet apart
  • Readily visible to any person approaching the

Second Degree TrespassMO Stat 569.150
  • Any unlawful entry
  • No "knowing" requirement
  • A reasonable, mistaken belief of consent is NOT a
    defense to 2nd degree trespass
  • Fences against intruders, sign posting, painting
    purple paint marks, and verbal warnings are not

States with Posting" by Purple Paint Markings
  • Arkansas (18-11-405)
  • Missouri
  • Texas (Penal Code 30.05(2)(D)
  • Kansas (32-1013(a)

States Allowing Posting With OTHER Paint
  • Arizona (orange paint)
  • Idaho (fluorescent orange)
  • Louisiana (1463(D)
  • Maine (17 AMIS, section 402(4))
  • Maryland (blue paint)
  • Nevada (fluorescent orange)
  • Tennessee (fluorescent visual markings)
  • Utah (bright yellow bright orange or
    fluorescent paint)
  • Virginia (CV 18.2-134.1(A)
  • Wisconsin (943.13(2)

States Allowing Hunters to Retrieve Hunting Dogs
  • Louisiana
  • Michigan
  • Minnesota
  • Virginia.

States Allowing Hunters to Retrieve Wounded Game
  • Iowa
  • Kansas
  • Minnesota
  • North Dakota

How Much Force to Make a Citizens Arrest?
  • A private person acting on his own account may
    use physical force to effect arrest or prevent
    escape only when and to the extent such is
    immediately necessary to effect the arrest, or to
    prevent escape from custody, of a person whom he
    reasonably believes to have committed a crime and
    who in fact has committed such crime.

Deadly Force Dont
  • Deadly force may only be used when a private
    person reasonably believes such use of deadly
    force is immediately necessary to effect the
    arrest of a person who at that time and in his
  • Committed or attempted to commit a class A felony
    or murder or
  • Is attempting to escape by use of a deadly

Class A Felonies Under Missouri Statutes
  • Armed robbery
  • First degree assault
  • Forcible rape
  • NOT stealing animals Class D
  • NOT burglary in the first degree Class B
  • NOT property damage in the first degree Class D
  • Class A Felony At least 10 years and up to 30
    years (or life imprisonment)
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