Burglary and Criminal Trespass in Kentucky

Kentucky, like many states, makes it a crime to trespass, that is to go onto or enter another's property without permission. If the person intends further harm, prosecutors may file burglary charges.

Understanding Kentucky's Burglary and Trespassing Laws

Burglary typically involves two parts—an unlawful entry into a building and intent to commit a crime inside. The related crime of trespass involves only the first element—the unlawful entry. While burglary protects buildings, trespass extends beyond buildings to other property and land. Both crimes carry harsher penalties when the intruder invades a dwelling or commits the offense during a declared emergency.

Burglary Crimes in Kentucky

In Kentucky, a person commits burglary by knowingly entering or remaining unlawfully in a building intending to commit a crime inside.

Defining Burglary Terms

Burglary often covers more situations than one might think. Below are key terms to help understand burglary charges.

Building. Kentucky statute (law) defines "building" broadly to include its ordinary meaning, as well as any structure, vehicle, watercraft, or aircraft where a person resides or where people assemble for business or other activities. Under this definition, a person can burglarize a house, office building, place of worship, tool shed, school, RV, or houseboat, among other places.

Dwelling. Harsher penalties apply when a person burglarizes a dwelling. A dwelling is a place usually used for lodging, such as a house, apartment, RV, hotel, dorm, or houseboat. Kentucky courts have also found that the term includes a hospital room. The law does not require the dwelling to be occupied at the time, as long as it could have been and was not abandoned.

Crime. Most people associate theft as the intended crime involved in burglary. But it can be any crime. For instance, unlawfully entering a building to assault someone is a burglary. It's also burglary to unlawfully enter a place intending to vandalize it.

What Does It Mean to Enter or Remain Unlawfully?

One way to commit burglary is through an unlawful entry. For this to occur, a person doesn't need to physically break into a structure. It's enough to push open an ajar door or lift an unlocked window to be considered an "entry."

The second way to commit burglary is by unlawfully remaining in a building. Say a party host asks everyone to leave, but one of the guests hides in a closet intending to assault the party host. The guest's initial entry into the home was lawful, but it turned unlawful once the host personally communicated to everyone to leave and the guest didn't comply.

The law provides that a person who does any of the following remains unlawfully:

• remains in a building despite losing their license or privilege to stay (such as remaining in a movie theatre after the show concludes)
• fails to comply with a personal communication to leave (such as the party guest above or a customer who hides after the manager directs everyone to leave at store closing time), or
• enters into an area of a public building that is closed to the public (such as going to a restaurant but sneaking into the employee breakroom or manager's office).

How Does the Prosecutor Prove Intent to Commit a Crime?

The second element of burglary concerns the defendant's state of mind at the time of entering or remaining in the building. To be convicted of burglary, the defendant must have decided to commit a crime before or upon entering the building unlawfully or while remaining unlawfully.

Typically, a prosecutor will need to prove the defendant's intent by using circumstantial evidence (unless the defendant confesses to having illicit intent). A person who enters a store through a back alley at night with tools, flashlights, and bags likely intends to steal. An angry ex-girlfriend who sneaks into her ex's apartment through an unlocked window while carrying a bat likely intends to assault the ex.

What Are the Penalties for Burglary in Kentucky?

Kentucky divides burglary offenses into three degrees depending on the severity of the crime.

First-Degree Burglary

Burglary is a Class B felony if the defendant:

• was armed with an explosive or deadly weapon
• caused physical injury to another person, or
• used or threatened to use a dangerous instrument against another person.

A person convicted of a Class B felony faces 10 to 20 years in prison.

Second-Degree Burglary

Second-degree burglary involves burglarizing a dwelling, regardless of whether or not the dwelling was occupied at the time of the offense. A Class C felony carries a prison sentence of 5 to 10 years' imprisonment.

Third-Degree Burglary

Third-degree burglary covers any burglary that isn't a first- or second-degree burglary. The offense is a Class D felony, punishable by one to five years' imprisonment.

Enhanced Penalty for Looting

The penalties for first-, second-, and third-degree burglary increase by one offense level if the burglary occurred during and within an area covered by a declared emergency.

(Ky. Rev. Stat. §§ 511.010, 511.020, 511.030, 511.040, 532.060, 534.030 (2025).)

Is It a Crime to Possess Burglar's Tools in Kentucky?

Yes. A person who possesses any tool adapted, designed, or commonly used to forcibly enter into premises or physically steal something commits a Class A misdemeanor. A Class A misdemeanor carries a sentence of 90 days to one year in jail.

The prosecutor must establish that the circumstances under which the person possessed the tool leave no reasonable doubt that it was intended to facilitate burglary or theft. So, if a person keeps a crowbar in a back shed, that alone would not show the person intended to use it to break into a house. But, say the person is caught using a crowbar to forcibly break into the store of his ex-employer after being fired. These circumstances would likely show he possessed the crowbar intending to burglarize the store (and could lead to attempted burglary charges here as well).

(Ky. Rev. Stat. § 511.050 (2025).)

Criminal Trespass in Kentucky

A person commits criminal trespass by entering or remaining on a property without permission. Trespass can occur in a building (as defined under burglary) or upon any real property, which includes land or any structure regardless of its use. For land with no improvements on it, there's no trespass unless the area is fenced, has posted warnings, or is marked with purple paint.

An example of trespass includes hopping a locked fence to get onto someone's land. Notice that, unlike burglary, for trespass, you don't need to intend to do anything illegal on the property (other than entering without permission) in order to be convicted of trespassing.

Kentucky also makes it a crime to trespass on key infrastructure assets, such as oil refineries, utility facilities, railroad yards, correctional facilities, telecommunications equipment and support structures, and animal feeding operations. This type of trespass involves physically entering the property or using a drone to conduct surveillance without permission.

What Are the Penalties for Criminal Trespass in Kentucky?

As with burglary, there are several degrees of criminal trespass. The penalties depend on the type of premises trespassed upon.

First-Degree Criminal Trespass

First-degree criminal trespass is a Class A misdemeanor and involves trespassing in a dwelling. A person also commits a Class A misdemeanor by entering a domestic violence shelter while subject to an order of protection. A person convicted of a Class A misdemeanor faces 90 days to one year in jail and a fine up to $500.

Second-Degree Criminal Trespass

Second-degree criminal trespass is a Class B misdemeanor and includes trespassing into a building or onto other real property where notice against trespass has been given by markings, notices, fencing, or another type of enclosure. A Class B misdemeanor carries up to 90 days' jail time and a fine up to $250.

Third-Degree Criminal Trespass

Third-degree criminal trespass is a violation and includes any trespass not included above. Violations are fine-only offenses (no jail time possible) and punishable by up to a $250 fine.

Enhanced Penalty for Looting

The penalties for first-, second-, and third-degree criminal trespass increase by one offense level if the burglary occured during and within an area covered by a declared emergency.

Trespass of Key Infrastructure

A first conviction for trespassing on key infrastructure carries class B misdemeanor penalties. Subsequent offenses are Class A misdemeanors.

(Ky. Rev. Stat. §§ 511.060, 511.070, 511.080, 511.100, 532.090, 534.040 (2025).)

Talk to a Lawyer

If you have been charged with burglary, criminal trespass, or a related crime, or if you have questions about Kentucky laws, consult a qualified local criminal defense attorney. An attorney can review the unique facts of your situation and advise you on how the law will apply to your case.