[SEL] Theives

[oldiron62 at gmail.com]

Tommy, thank you for the definition of KY law on this. Also I want to make 
sure that you know.
The Lyon Co. atty that said this to me has been voted out at the last 
election. No wonder, he does have a private office still in town.


Kevin Mosier

----- Original Message ----- 
From: "Judge Tommy Turner" <Lcjudge at scrtc.com>
To: "'The SEL email discussion list'" <sel at lists.stationary-engine.com>
Sent: Monday, May 25, 2009 3:17 PM
Subject: Re: [SEL] Theives


> 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
>
>
>