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Legal Information: Kentucky

Statutes: Kentucky

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July 14, 2020

511.085 Domestic violence shelter trespass

(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:

(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 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 511.080arising from the same act of trespass.

(5) Domestic violence shelter trespass is a Class A misdemeanor.