What Is Criminal Trespass in Missouri?

In Missouri, two main statutes govern trespass. RSMo Section 569.140, first degree trespass, and RSMo Section 569.150, second degree trespass. Property owners in Missouri have a right to their privacy and security. Therefore, when an individual deliberately enters or knowingly remains in an apartment, building, or real property of another unlawfully, they are committing trespass in the first degree.

First-degree trespass is charged as a class B misdemeanor. However, if the trespass victim is deliberately targeted as a law enforcement officer, per section 556.061, it becomes elevated to a class A misdemeanor. Similarly, if the trespass occurs in a sensitive facility such as a power plant or water facility, the trespass becomes elevated to a Class E felony.

Under RSMo Section 569.150, an individual commits a second-degree trespass when they unlawfully enter another's property. This is charged as an infraction.

Real property is construed to mean land. For a violation to occur, the following separate elements must be present:

• The offender must have intentionally entered another's real property.
• The property must be fenced or otherwise closed in a way to exclude intruders or communicated through a posting or sign.
• The offender entered unlawfully and deliberately
• The individual was asked to leave, but refused

How to Look Up Public Criminal Trespass Records in Missouri

Interested parties may access criminal trespass records through multiple avenues. They may locate the court where the case was initially heard to make a request in person, or make a request by mail or online.

In Person

To access court records in person, interested parties may visit the courthouse where the case was heard. This has the advantage that they may be able to access information that may not be available via other means, such as the final disposition of cases and information about felony delinquencies. Record seekers should have handy critical information about the records they seek, such as the case number, names of parties involved, and the date. They must also pay the requisite fees.

By Mail

Individuals seeking criminal trespass court records by mail may fill out and send their request by mail to the court where the case was heard. They must provide the case number, defendant’s name, and their date of birth.

Online

Missouri provides an official case management system for court records online. Using this platform, record seekers may look up case records, dockets, and judgments. However, it is often the case that the full case records are not available online. For legal reasons, prosecutors may request that case records be temporarily removed online. In addition, record seekers may look up criminal trespass records online through third-party websites.

Types of Criminal Trespass Offenses

There are multiple degrees of trespassing in Missouri codified under Chapter 569 of the Missouri Revised Statutes. They cover different types of trespassing offenses, with each one having the specific conditions that must be fulfilled for a violation to occur.

First-degree trespass (RSMo Section 569.140) is the more severe form of criminal trespass. It occurs when a person deliberately enters or remains on a property having been informed either through a conspicuous post, notice, or otherwise communicated that such entry is prohibited. It covers both residential and non-residential properties. First-degree trespass is charged as a Class B misdemeanor. The maximum sentence is up to 6 months in jail and/or a fine of $1,000.

Second-degree trespass (RSMo Section 569.150) is generally less severe than first-degree trespass, but it still has legal implications. An individual commits second-degree trespass when they enter or remain on open land without the owner's consent, even if the land is not specifically designated as private. Here, the offender does not necessarily need to have criminal intent, and the land doesn't need to be fenced or have “no trespassing” signs posted. Second-degree trespass was discharged as an infraction. The penalty is usually a fine; it doesn't carry a jail sentence.

In addition, there is a specific statute governing trespass on agricultural land. Criminal trespassing on agricultural land (RSMo 569.145) occurs when an individual commits a trespass on agricultural land, damaging crops and interfering with farming operations. This may attract significant fines, depending on the extent of damage to crops, livestock, or farming equipment. The Missouri Purple Paint Statute (RSMo 569.145) allows landowners to paint a vertical purple line on trees or posts as an alternative to posting the “no trespassing” sign.

Furthermore, trespassing on a critical facility, such as a power plant or water facility, is elevated to a Class E felony.

Penalties for Criminal Trespass in Missouri

Trespassing laws in Missouri protect the rights of property owners, including those with agricultural properties, while balancing the potential accidental or exigent cases of trespassing. If an individual is convicted of trespassing, they may face a fine, a criminal record, or imprisonment. The eventual charge and subsequent sentence depend on the circumstances, the offender's criminal history, and the judge's discretion.

Missouri has sentencing guidelines that the courts follow; however, judges are allowed some discretion to apply alternatives to incarceration. Typically, first-degree trespass is charged as a class B misdemeanor. The penalty is a fine and/or 6 months imprisonment. Second-degree trespass is charged as an infraction. Typically, the penalty is a fine, but no jail term.

However, several aggravating factors may result in the trespass offense being charged differently. A trespasser could be charged with first-degree burglary when they enter the property of another unlawfully, and someone is present, they are armed, or they cause injury. This is a Class B felony, which carries a sentence of 5 to 15 years in prison.

If the trespasser enters unlawfully with the intent to commit a crime, but no weapon is involved, this may be charged as a Class D felony. It attracts a maximum sentence of up to 7 years in prison. Trespassing a critical facility, such as a power plant or water facility, is a Class E felony. This attracts a maximum sentence of up to 4 years in prison and a fine of up to $10,000.

Can You Be Arrested for Criminal Trespass in Missouri?

In Missouri, trespassing is a criminal offense. When an individual unlawfully enters another's property without permission, in a manner that disturbs the peace of the property owner, such an action is a violation of RSMo Section 569.140. If an officer or the owner catches them and calls the police, there is a high probability that they will typically be arrested.

An arrest is more highly probable if the individual is an unwanted person or a repeat offender. Even in a public place, if the property owner asks an individual to leave and they refuse, they may be arrested for trespassing in Missouri.

The implications of criminal trespass are non-trivial. The defendant could be fined, get a criminal record, or be jailed for 6 months. A lot depends on the specific circumstances, the individual’s criminal history, and whether there is substantial evidence proving beyond a reasonable doubt that the conditions for violation were met. These include surveillance footage, witness statements, and a conspicuous notice.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Missouri

Burglary and trespassing may seem to be similar offenses, but they are different and may lead to different outcomes. Burglary is when an individual enters or remains unlawfully in an apartment, building, or inhabitable structure with the intent to commit a crime. This could be either theft, assault, or any other felony. First-degree burglary implies that, in addition to unlawful entry, the individual was armed or caused injury, or there was a resident in the building. In second-degree burglary, there is no weapon or injury, simply unlawful entry with criminal intent.

On the other hand, trespass is entering or remaining on another’s property without consent. First-degree trespass attracts a 6-month jail term and a fine of $1,000. Second-degree trespass attracts only a fine. However, first-degree burglary is a class B felony, and the sentence is 5 to 15 years in prison. Second-degree burglary is a Class D felony; the maximum sentence is up to 7 years in prison.

One key difference between them is that burglary is more serious, typically a felony offense, while trespass is either a misdemeanor or an infraction.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Missouri?

An individual may have their criminal trespass charge dismissed when the conditions for violation cannot be established beyond a reasonable doubt. For instance, if it is discovered that the evidence against the defendant was weak, or there was no notice. It may be dismissed if the offender apologizes to the landowner and agrees to avoid the restricted area.

Also, the charge may be dismissed if the defendant completes a diversion per RSMo 557.014 or a deferred prosecution that ends in dismissal. It could also be rejected if, during a plea bargain, they were able to negotiate a dismissal with the prosecutor. The defendant may be able to negotiate a charge reduction from a misdemeanor to an infraction. That way, they could prevent jail time and pay a little fine instead.

Will a Missouri Criminal Trespass Charge Stay on Your Record?

Criminal trespassing is a violation of the law. Such conviction records do not automatically go away with time. On the contrary, they remain indefinitely on the offender's record unless they are expunged or sealed. When a background check is run on the individual, the conviction record would show up.

Dismissed or diverted charges would also show up during background checks unless they are expunged. Under RSMo § 610.140, defendants whose charges were dismissed or diverted may file a petition for expungement. Once a record is expunged, it typically no longer shows up in background checks.

Expungement or Record Sealing Options in Missouri

Individuals with conviction records struggle with the collateral consequences of the convictions long after they have served the terms of their sentence. Opportunities others take for granted and for which they are otherwise qualified in immigration, education, housing, employment, insurance, and professional licensing often elude them completely. Expungement of criminal records provides relief to defendants. Under RSMo § 610.140, individuals with criminal trespass conviction records may have the relief of expungement under certain conditions.

Expungement essentially seals the criminal record. Such a record is not publicly accessible. It is not available except to individuals with a court order. In Missouri, sealing a conviction record restricts access to it. Expungement, on the other hand, destroys criminal records. Sealed records are confidential to the public except specifically stated otherwise by statute.

Moreover, individuals who had their cases dismissed may have their non-conviction records cleared.

Some requirements for expungement of criminal trespass records in Missouri include:

• The offender must have completed the terms of their sentence
• The offender must not have any prior felony or misdemeanor convictions
• They must not have any pending criminal charges
• The offender must not be involved in any new crimes