Breaking and Entering Law Kansas
When an individual enters into another person’s property by force with no permission of being there, it is referred to as breaking and entering. The property could be a residence, an office building or any other enclosed property. For an individual to be found guilty as per the breaking and entering law, the amount of force used to enter a property is irrelevant.
Even the minimum amount of force, just enough to even open a door can be considered as enough to have one charge under the breaking and entering law Kansas anywhere else in the United States. If breaking and entering are accompanied by the intention of stealing from the property, the criminal charges brought will be those of burglary, and not merely breaking and entering.
As a crime on its own, breaking and entering is a misdemeanor and is derived from the crime of illegal trespassing where a person enters the property of another individual even though he or she has no legal permission or reason to be there. While the breaking and entering laws are generally applicable to apartments, houses and office buildings, the same law is applicable if an individual tries to break into another person’s vehicle as well.
Even though breaking and entering is a misdemeanor that can carry less severe punishment, it is a fact that breaking and entering is mostly done with the intention of stealing, while converts the crime to a felony which attracts more severe punishment. If there is also a burglary that occurs, the breaking and entering charges are absorbed into the burglary charge. While misdemeanors can get you jail time for no more than a year, a felony can get you more than a year of jail time along with a hefty fine.
Kansas Breaking and Entering Law
The state of Kansas has put together breaking and entering laws to stop individuals from entering another person’s property without their consent. Kansas breaking and entering laws also give citizens the right to bring charges against those who illegally enter their property. In Kansas, breaking and entering is the same as criminal trespass where the defendant is found to be in a place he or she had no permission to be. Beyond the presence of the individual on the property without permission, there is no other crime that occurred.
With regards to the punishment for breaking and entering in Kansas, the crime of criminal trespass, where no other charge of burglary can be brought against the defendant, is a class B misdemeanor. In Kansas, a class B misdemeanor attracts a punishment of jail time of no more than six months in county prison. A person can be held for breaking and entering is there is a restraining order against him or her and although he or she is legally not allowed to be present in a particular location, they wander into the location anyway.
KSA 21-3721 lists out criminal trespass as an unlawful activity in Kansas. A person will be charged with breaking and entering if he or she:
- Defies an order that disallows him or her from entering a particular property.
- Enters a property that is locked, fenced or enclosed or secured against persons other than the owner entering the said property.
- Defies a restraining order that has been personally handed to the person restrained and he or she enters the property he or she has been ordered not to.
- Remains on a private or public property or structure and interferes with the functioning of the property.
This law is, however, not applicable to individuals entering commercial or retail premises meant for public use.
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