All Laws Decoded

Trespassing Laws in Kansas

How trespassing is charged in Kansas, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Criminal trespass is knowingly entering or staying on land, a structure, a vehicle, an aircraft or a watercraft without permission after being told personally not to enter or to leave, when the property is posted, locked, fenced or otherwise enclosed, or in defiance of a served… K.S.A. 21-5808(a), (b); 21-6602; 21-6611

TrespassingCriminal trespass is knowingly entering or staying on land, a structure, a vehicle, an aircraft or a watercraft without permission after being told personally not to enter or to leave, when the property is posted, locked, fenced or otherwise enclosed, or in defiance of a served restraining or protection order. It also covers blocking access to a health care facility after being told to leave. Criminal trespass is a class B nonperson misdemeanor (up to six months in jail and a fine up to $1,000). Trespassing in violation of a served protective or restraining order requires at least 48 consecutive hours in jail.

More Kansas criminal law

FAQ

Is trespassing a crime in Kansas?
Criminal trespass is knowingly entering or staying on land, a structure, a vehicle, an aircraft or a watercraft without permission after being told personally not to enter or to leave, when the property is posted, locked, fenced or otherwise enclosed, or in defiance of a served restraining or protection order. It also covers blocking access to a health care facility after being told to leave. Criminal trespass is a class B nonperson misdemeanor (up to six months in jail and a fine up to $1,000). Trespassing in violation of a served protective or restraining order requires at least 48 consecutive hours in jail.
Can I get a court-appointed lawyer for trespassing in Kansas?
Kansas's rule on court-appointed lawyers: A defendant who claims to be unable to afford counsel files an affidavit in the form set by the State Board of Indigents' Defense Services; the court may question the defendant under oath and investigate finances. The court considers the defendant's assets and income, necessary expenses for the defendant and immediate family, the anticipated cost of effective representation by employed counsel, and property transferred without adequate consideration after the alleged crime. If the defendant cannot cover the anticipated cost, the defendant is determined indigent in full or in part and counsel is appointed. The determination may be reviewed at any time. A defendant applying for appointed counsel must pay an application fee of $100 to the clerk of the district court, which the court may waive in whole or in part. K.S.A. 22-4504(a), (b), (e), (f); 22-4529
What happens after an arrest for trespassing in Kansas?
How release before trial works in Kansas: A person charged with a crime shall be released at the first appearance before a magistrate on an appearance bond sufficient to assure appearance and public safety. Bonds may be surety bonds (with sufficient solvent Kansas-resident sureties), cash deposits, or own-recognizance bonds; for bonds of $2,500 or less on certain lower-level offenses a 10% cash deposit may be allowed if listed qualifications are met. Conditions can include no contact with the alleged victim for at least 72 hours in person-crime cases, custody with a designated person, travel or association limits, house arrest and court services supervision. In setting the bond the magistrate considers the nature and circumstances of the crime, the weight of the evidence, whether the defendant is lawfully present in the United States, family ties, employment, finances, character, mental condition, length of residence, criminal record, appearance history, the likelihood of new crimes or threats to victims or witnesses, and whether the defendant was on probation or parole. A detained person may apply for review of release conditions, which must occur without unnecessary delay. Defendants charged with sex offenses who have a prior sexually violent crime conviction must have a bond of at least $750,000. K.S.A. 22-2802(a)-(j), (p) (last amended L. 2025, ch. 120, § 6) What happens after an arrest.
Can a conviction for trespassing be removed from my record in Kansas?
Each state sets its own rules for sealing or expunging records. See Kansas expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.