FIRST REGULAR SESSION

HOUSE BILL NO. 883

91ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BARNITZ. RANSDALL, BOATRIGHT, TOWNLEY,

COLEMAN, MERIDETH, LEGAN (Co-sponsors), LAWSON, KOLLER, BYRD, HOLT, FOLEY,

BERKOWITZ, MYERS, VILLA, HAMPTON, SHOEMYER, WIGGINS, DAVIS AND KELLY (144).

Read 1st time February 27, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1353l.03I

AN ACT

To repeal sections 569.140, 569.145 and 569.150, RSMo 2000, relating to trespass, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.



Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 569.140, 569.145 and 569.150, RSMo 2000, are repealed and one new section enacted in lieu thereof, to be known as section 569.140, to read as follows:

569.140. 1. A person commits the crime of trespass [in the first degree] if [he knowingly] such person enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

2. [A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to the attention of intruders.

3.] Trespass [in the first degree] is a class [B] A misdemeanor.

3. A person convicted of trespass may be held strictly liable for damages in a civil action by the owner of the property upon which such person was convicted of trespassing.

4. In no case shall any owner of property be liable to any trespasser on said property for any injury, loss or damages suffered by such trespasser.

[569.145. In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be placed no more than one hundred feet apart and shall be readily visible to any person approaching the property. Property so posted is to be considered posted for all purposes, and any unauthorized entry upon the property is trespass in the first degree, and a class B misdemeanor.]

[569.150. 1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

2. Trespass in the second degree is an infraction.]


Missouri House of Representatives