[SEL] Theives

[Judge Tommy Turner]

Kevin,
	There is trespassing statutes in KY that makes trespassing a
criminal offense.
It can be criminal trespass in the first, second or third degree.  For
our old iron purposes, second and third degree criminal trespass would
apply.  If you have your old iron sitting behind a barn (or even just
beside the road on your property for that matter) and someone is there
monkeying with it, they can be held for criminal trespass in the third
degree.  Here is the statute in regards to it:

511.080 Criminal trespass in the third degree.
(1) A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in or upon premises.

	If they have to cross a fence or go into a shed, then they can
be held for criminal trespass in the second degree.  Here is the statute
on it:

511.070 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree when he
knowingly enters or remains unlawfully in a building or upon premises as
to which notice against trespass is given by fencing or other enclosure.

	Nothing in the law says the property has to be posted for the
the above statutes to apply although it would be a good idea to do so.
In regards to your county atty. And his response, I wouldn't want to say
he is totally incorrect.  You can't charge someone with a misdemeanor
offense in KY unless that person is seen in the act committing the
offense.  They can't be charged because some "thinks" they broke the
law.  If you, or someone, actually sees the person on your property and
is willing to sign a sworn statement to that effect, then something can
be done.  

	There is exclusions to the trespassing statutes.  They include
allowing government employees to enter personal property for certain
reasons and allowing land surveyors, when surveying adjoining property,
to enter other properties necessary to perform the survey.

Tommy Turner
Magnolia, KY




-----Original Message-----
From: sel-bounces at lists.stationary-engine.com
[mailto:sel-bounces at lists.stationary-engine.com] On Behalf Of
oldiron62 at gmail.com
Sent: Monday, May 25, 2009 1:47 PM
To: The SEL email discussion list
Subject: [SEL] Theives


We had some crack heads living down the road from us. And a meth 
manufacturer - dealer in 1/2 mile, both at the same time. They are in
prison 
now and much better people bought the properties since then. After
loosing a 
mig welder, air compressor and lots of USA tools. Idiots even unbolted
the 
carb off the 560 and took it to.
  So I went to the county atty to see what my option`s were. He said
that in 
kaintukie ( KY ) we just as well have a welcome mat as any NO
TRESPASSING 
signs. That I would have to catch them red handed, and hold them while 
waiting 1/2 to 1 hour for the law to get out here.  We live way out of
town 
in a very rural community.
We have not missed anything other than a couple 5 gal safety cans full
of 
gas during the ice storm. And I guess that was my fault for leaving the 
garage open 24/7 For easy access to gas for the gennys we had to run for
27 
days of no electric.
   Tommy, is this really  the way it is ? Or was the County ATTY just 
brushing us off ?
I even went to the Sherrif after the Husky saw come up missing, along
with 
the farmer up the road that had his Sthil saw and mantis tiller ,
weedeaters 
stolen the same night. We had info that our property was at the local 
bootleggers. So the Sheriff went and found the other guys stuff there,
he 
told who had brought the things to him for beer. Never found none of the

things we had stolen. Allthough I heard though the grapevine that the
Miller 
was traded for 2 - 12 packs of Bush beer.  Now we have some cameras to
vcr 
and beeper alerts. Main problem is the shop is across and down the road
a 
little, and time I get up and  down there middle of night. Yall know how
it 
is and I think it may start happening again way things are going. Kevin
Mosier Eddyville, KY 

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