1. 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

2. 2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

   1. (1) Actual communication to the actor; or
   2. (2) Posting in a manner reasonably likely to come to the attention of intruders.
3. 3. Trespass in the first degree is a class B misdemeanor.

(L. 1977 S.B. 60)

Effective 1-01-79

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.

CROSS REFERENCE:

Streams and rivers, no civil liability for adjoining landowners, when, 258.200