Missouri Criminal Trespass Laws

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
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)

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First Degree TrespassMO 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
Purple Paint PostingMO 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
Second Degree TrespassMO 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
States with Posting" by Purple Paint Markings

• Arkansas (18-11-405)
• Missouri
• Texas (Penal Code 30.05(2)(D)
• Kansas (32-1013(a)

7
States Allowing Posting With OTHER Paint
Markings

• Arizona (orange paint)
• Idaho (fluorescent orange)
• Louisiana (1463(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
States Allowing Hunters to Retrieve Hunting Dogs

• Louisiana
• Michigan
• Minnesota
• Virginia.

9
States Allowing Hunters to Retrieve Wounded Game

• Iowa
• Kansas
• Minnesota
• North Dakota

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.

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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
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)