Kentucky Statutes 511.085 – Domestic violence shelter trespass
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(1) As used in this section, “domestic violence shelter” means a residential facility providing protective shelter services for domestic violence victims.
(2) A person is guilty of domestic violence shelter trespass when:
For details, see § 532.090
(a) The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and
(b) At the time of the entering, the person is the subject of an order of protection as defined in KRS § 403.720 and KRS § 456.010.
(3) It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility.
(4) A person shall not be convicted of a violation of this section and a violation of KRS
511.060, 511.070, or 511.080 arising from the same act of trespass. (5) Domestic violence shelter trespass is a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 48, effective January 1, 2016. — Created
2010 Ky. Acts ch. 170, sec. 18, effective July 15, 2010.
(2) A person is guilty of domestic violence shelter trespass when:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 511.085
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Premises: includes the term "building" as defined herein and any real property. See Kentucky Statutes 511.010
(a) The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and
(b) At the time of the entering, the person is the subject of an order of protection as defined in KRS § 403.720 and KRS § 456.010.
(3) It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility.
(4) A person shall not be convicted of a violation of this section and a violation of KRS
511.060, 511.070, or 511.080 arising from the same act of trespass. (5) Domestic violence shelter trespass is a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 48, effective January 1, 2016. — Created
2010 Ky. Acts ch. 170, sec. 18, effective July 15, 2010.