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Missouri Criminal Trespass Laws

Fall 2007 Professor Matthews. Missouri Agricultural Law Center aglaw.missouri.edu. 2. Two Degrees of Criminal Trespass. First Degree: More seriousMisdemeanor B: up to $500 fine, and/or up to 6 months in jailSecond Degree: Less seriousInfraction: up to $200 fine (no

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Missouri Criminal Trespass Laws

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    1. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 1 Missouri Criminal Trespass Laws Must there be signs posting Keep Out? Will purple paint markings be legal to post my property? What is landowners dont have signs nor purple-paint markings? Can landowners make a citizens arrest of trespassers? If convicted (or guilty plea), what is the maximum fine? Maximum jail sentence?

    2. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 2 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)

    3. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 3 First Degree Trespass MO 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

    4. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 4 Purple Paint Posting MO 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 ground No more than 100 feet apart Readily visible to any person approaching the property

    5. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 5 Second Degree Trespass MO 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 required

    6. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 6 States with Posting" by Purple Paint Markings Arkansas (18-11-405) Missouri Texas (Penal Code 30.05(2)(D) Kansas (32-1013(a)

    7. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 7 States Allowing Posting With OTHER Paint Markings Arizona (orange paint) Idaho (fluorescent orange) Louisiana (14:63(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)

    8. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 8 States Allowing Hunters to Retrieve Hunting Dogs Louisiana Michigan Minnesota Virginia.

    9. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 9 States Allowing Hunters to Retrieve Wounded Game Iowa Kansas Minnesota North Dakota

    10. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 10 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.

    11. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 11 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 presence: Committed or attempted to commit a class A felony or murder; or Is attempting to escape by use of a deadly weapon.

    12. Fall 2007 Professor Matthews Missouri Agricultural Law Center aglaw.missouri.edu 12 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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