kentucky trespassing
Penalty for trespassing on a gas station parking lot in Kentucky
<p>My brother was parked at a gas station before they opened at 4:45 am to rest his eyes.  At 5:00 am when they opened, he went inside, used the restroom, and did not buy anything.  Owner asked him to leave and that it was not a rest area.  Owner of gas station called the cops, cops showed up gave him a chance to leave, but he told them he was tired and didn't feel safe to drive yet.  They arrested him for criminal trespassing.  What type of punishment could he face?</p>

<p>This violation of <a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52944" rel="nofollow noreferrer">KRS 511.080</a>, criminal trespass in the third degree, is a &quot;violation&quot;, which results in a <a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20098" rel="nofollow noreferrer">fine</a> not more than $250. The fine shall not be imposed if he is indigent pursuant to <a href="https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37178" rel="nofollow noreferrer">KRS Chapter 31</a>.</p>

<p>Criminal Trespass in Kentucky <a href="https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39377" rel="nofollow noreferrer">has three degrees:</a></p>
<blockquote>
<p>511.060 Criminal trespass in the first degree.</p>
<p>(1) A person is guilty of criminal trespass in the first degree when he or she knowingly
enters or remains unlawfully in a dwelling.</p>
<p>(2) Criminal trespass in the first degree is a Class A misdemeanor [...]</p>
</blockquote>
<blockquote>
<p>511.070 Criminal trespass in the second degree.</p>
<p>(1) A person is guilty of criminal trespass in the second degree when he or she
knowingly enters or remains unlawfully in a building or upon premises as to which
notice against trespass is given by fencing or other enclosure</p>
<p>(2) Criminal trespass in the second degree is a Class B misdemeanor, [...]</p>
</blockquote>
<blockquote>
<p>511.080 Criminal trespass in the third degree</p>
<p>(1) A person is guilty of criminal trespass in the third degree when he knowingly enters
or remains unlawfully in or upon premises.</p>
<p>(2) Criminal trespass in the third degree is a violation [...]</p>
</blockquote>
<p>Parking and not leaving after being told to does not trespass on a dwelling or building, so it is only fitting the third degree possible. As such the prescribed punishment is a <em>violation</em>, <a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20098" rel="nofollow noreferrer">which comes out to a fine of at maximum 250 USD.</a></p>
<blockquote>
<p>534.040 Fines for misdemeanors and violations.</p>
<p>(2) Except as otherwise provided for an offense defined outside this code, a person who
has been convicted of any offense other than a felony shall be sentenced, [...] , to pay a fine in an amount not to
exceed:</p>
<p>(a) For a Class A misdemeanor, five hundred dollars ($500); or</p>
<p>(b) For a Class B misdemeanor, two hundred fifty dollars ($250); or</p>
<p>(c) For a violation, two hundred fifty dollars ($250).</p>
</blockquote>
<p><br><br></p>
