UPDATED: May 12, 2009
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I just received a 21-3721 in ks because I was drunk and sat down on someone’s sidewalk step and passed out. What will happen to me? Should I get an attorney?
Asked on May 12, 2009 under Criminal Law, Kansas
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you should get an attorney. Anytime you have a criminal charge, you need a lawyer! Question is whether you prefer to have a public defender or a private one (if you can afford one). Try www.attorneypages.com to at least consult with a private criminal defense attorney. If not, contact the public defender's office.
21-3721 is criminal trespass. There may be an issue of drunkenness as a defense but highly unlikely to be successful if you try to argue it on your own:
21-3721Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY
21-3721. Criminal trespass. (a) Criminal trespass is:
(1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft, other than railroad property as defined in K.S.A. 21-3761, and amendments thereto, or nuclear generating facility as defined in K.S.A. 2007 Supp. 66-2302, and amendments thereto, by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
(B) such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
(C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-1607, 60-3105, 60-3106, 60-3107, 60-31a05 or 60-31a06 or K.S.A. 2007 Supp. 38-2243, 38-2244 or 38-2255, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or
(2) entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.
(b) As used in this section:
(1) "Health care facility" means any licensed medical care facility, certificated health maintenance organization, licensed mental health center, or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.
(2) "Health care provider" means any person: (A) Licensed to practice a branch of the healing arts; (B) licensed to practice psychology; (C) licensed to practice professional or practical nursing; (D) licensed to practice dentistry; (E) licensed to practice optometry; (F) licensed to practice pharmacy; (G) registered to practice podiatry; (H) licensed as a social worker; or (I) registered to practice physical therapy.
(c) (1) Criminal trespass is a class B nonperson misdemeanor.
(2) Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.
(d) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor's authorized agents and employees who enter upon lands, waters and other premises in the making of a survey.
History: L. 1969, ch. 180, § 21-3721; L. 1979, ch. 92, § 13; L. 1980, ch. 99, § 1; L. 1986, ch. 161, § 3; L. 1992, ch. 183, § 6; L. 1993, ch. 291, § 79; L. 1996, ch. 30, § 2; L. 1996, ch. 211, § 2; L. 2002, ch. 141, § 11; L. 2003, ch. 128, § 17; L. 2004, ch. 129, § 2; L. 2006, ch. 27, § 6; L. 2006, ch. 200, § 85; Jan. 1, 2007.
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