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AN ACT relating to real property rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 511.010 is amended to read as follows: 3
As used in this chapter[The following definitions apply in this chapter unless the context 4
otherwise requires]: 5
(1) "Building," in addition to its ordinary meaning, means any structure, vehicle, 6
watercraft, or aircraft: 7
(a) Where any person lives; or 8
(b) Where people assemble for purposes of business, government, education, 9
religion, entertainment, or public transportation. 10
Each unit of a building consisting of two (2) or more units separately secured or 11
occupied is a separate building;[. ] 12
(2) "Dwelling" means a building which is usually occupied by a person lodging 13
therein;[. ] 14
(3) "Premises" includes the term "building" as defined in this section[herein ]and any 15
real property; and[. ] 16
(4) "Squatter" means a person who enters or remains unlawfully in a dwelling or 17
commercial building when he or she is not privileged or licensed to do so, 18
including a person who takes up residence in a property he or she does not own, 19
provided he or she is not a current or former tenant at the premises, did not have 20
an agreement to occupy the premises at any time, and is not an immediate family 21
member of the property owner. 22
Section 2. KRS 511.090 is amended to read as follows: 23
(1) A person "enters or remains unlawfully" in or upon premises when he or she is not 24
privileged or licensed to do so. 25
(2) A person who, regardless of his or her intent, enters or remains in or upon premises 26
which are at the time open to the public does so with license or privilege unless he 27 UNOFFICIAL COPY 25 RS BR 111
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or she defies a lawful order not to enter or remain personally communicated to him 1
or her by the owner of the[ such] premises or other authorized person. 2
(3) A license or privilege to enter or remain in or upon premises which are only partly 3
open to the public is not a license or privilege to enter or remain in or upon a part of 4
the premises which is not open to the public. 5
(4) A person who enters or remains upon unimproved and apparently unused land 6
which is neither fenced nor otherwise enclosed does not commit criminal trespass 7
unless notice against trespass is personally communicated to him or her by the 8
owner of the land or some other authorized person or unless notice is given by 9
posting in a conspicuous manner. 10
(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall 11
be presumed to be land where notice against trespassing has been given by the 12
owner of the land, and a person utilizing the railtrail shall be presumed to lack 13
privilege or license to enter upon that land unless the person has permission from an 14
adjoining landowner to do so. 15
(6) A person may request a peace officer to immediately remove any squatter 16
occupying a dwelling or commercial building, provided: 17
(a) The requesting person is the property owner of the dwelling or commercial 18
building or his or her authorized agent; 19
(b) The property owner has directed the squatter to leave; and 20
(c) The property owner or his or her authorized agent submits a recorded 21
statement to the peace officer at the time of the request directing that the 22
squatter be removed and that no pending forcible detainer action exists 23
between the property owner and the squatter. 24
(7) A peace officer acting in good faith under subsection (6) of this section shall be 25
immune from criminal and civil liability. 26
Section 3. KRS 512.010 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 111
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As used in this chapter[The following definitions apply in this chapter unless the context 1
otherwise requires]: 2
(1) "Lease or rental agreement" means all agreements, written or oral, embodying the 3
terms and conditions concerning the use and occupancy of a dwelling unit or 4
premises; 5
(2) "Litter" means rubbish, refuse, waste material, offal, paper, glass, cans, bottles, 6
trash, debris, or any foreign substance of whatever kind or description and whether 7
or not it is of value; 8
(3) "Noxious substance" means any substance capable of generating offensive, 9
noxious, or suffocating fumes, gases, or vapors; 10
(4) "Property" includes livestock as defined in KRS 150.010 and poultry as defined in 11
KRS 246.010; 12
(5) "Residential rental property" means any residential premises or property contained 13
therein leased or otherwise rented to a tenant solely for residential purposes under a 14
lease or rental agreement to which the tenant is a party;[ and] 15
(6) "Squatter" has the same meaning as in Section 1 of this Act; and 16
(7) "Tenant" means a person entitled under a lease or rental agreement to occupy a 17
residential rental property to the exclusion of others. 18
Section 4. KRS 512.020 is amended to read as follows: 19
(1) A person is guilty of criminal mischief in the first degree when, having no right to 20
do so or any reasonable ground to believe that he or she has such right, he or she 21
intentionally or wantonly: 22
(a) Defaces, destroys, or damages any property causing pecuniary loss of five 23
hundred dollars ($500) or more; 24
(b) Tampers with the operations of a key infrastructure asset, as defined in KRS 25
511.100, in a manner that renders the operations harmful or dangerous;[ or] 26
(c) As a tenant, intentionally or wantonly defaces, destroys, or damages 27 UNOFFICIAL COPY 25 RS BR 111
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residential rental property causing pecuniary loss of five hundred dollars 1
($500) or more; or 2
(d) As a squatter, intentionally or wantonly defaces, destroys. or damages 3
residential or commercial property causing pecuniary loss of five hundred 4
dollars ($500) or more. 5
(2) Criminal mischief in the first degree is a Class D felony, unless: 6
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 7
arising from a natural or man-made disaster, within the area covered by the 8
emergency declaration, and within the area impacted by the disaster, in which 9
case it is a Class C felony; 10
(b) For the first offense, if the defendant at any time prior to trial effects repair or 11
replacement of the defaced, destroyed, or damaged property, makes complete 12
restitution in the amount of the damage, or performs community service as 13
required by the court, in which case it is a Class B misdemeanor. The court 14
shall determine the number of hours of community service commensurate 15
with the total amount of monetary damage caused by or incidental to the 16
commission of the crime, of not less than sixty (60) hours; or 17
(c) For the second or subsequent offense, if the defendant at any time prior to trial 18
effects repair or replacement of the defaced, destroyed, or damaged property, 19
makes complete restitution in the amount of the damage, or performs 20
community service as required by the court, in which case it is a Class A 21
misdemeanor. The court shall determine the number of hours of community 22
service commensurate with the total amount of monetary damage caused by 23
or incidental to the commission of the crime, of not less than sixty (60) hours. 24
Section 5. KRS 512.030 is amended to read as follows: 25
(1) A person is guilty of criminal mischief in the second degree when, having no right 26
to do so or any reasonable ground to believe that he or she has such right, he or she: 27 UNOFFICIAL COPY 25 RS BR 111
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(a) Intentionally or wantonly defaces, destroys, or damages any property causing 1
pecuniary loss of less than five hundred dollars ($500);[ or] 2
(b) As a tenant, intentionally or wantonly defaces, destroys, or damages 3
residential rental property causing pecuniary loss of less than five hundred 4
dollars ($500); or 5
(c) As a squatter, intentionally or wantonly defaces, destroys, or damages 6
residential or commercial property causing a pecuniary loss of less than five 7
hundred dollars ($500). 8
(2) Criminal mischief in the second degree is a Class A misdemeanor, unless: 9
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 10
arising from a natural or man-made disaster, within the area covered by the 11
emergency declaration, and within the area impacted by the disaster, in which 12
case it is a Class D felony; or 13
(b) The defendant at any time prior to trial effects repair or replacement of the 14
defaced, destroyed, or damaged property, makes complete restitution in the 15
amount of the damage, or performs community service as required by the 16
court, in which case it is a Class B misdemeanor. The court shall determine 17
the number of hours of community service commensurate with the total 18
amount of monetary damage caused by or incidental to the commission of the 19
crime, of not less than fifteen (15) hours. 20
SECTION 6. A NEW SECTION OF KRS CHAPTER 514 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) A person is guilty of fraudulent sale or lease of real property located within this 23
Commonwealth when he or she knowingly lists or advertises, either within or 24
outside this Commonwealth, residential real property or a commercial building 25
for sale, lease, or rent without legal title or authority that results in any pecuniary 26
loss to an individual in this Commonwealth. 27 UNOFFICIAL COPY 25 RS BR 111
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(2) Fraudulent sale or lease of real property is a Class D felony for the first offense, 1
and a Class C felony for each subsequent offense. 2