My brother was parked at a gas station before they opened at 4:45 am to rest his eyes. At 5:00 am when they opened, he went inside, used the restroom, and did not buy anything. Owner asked him to leave and that it was not a rest area. Owner of gas station called the cops, cops showed up gave him a chance to leave, but he told them he was tired and didn't feel safe to drive yet. They arrested him for criminal trespassing. What type of punishment could he face?
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This violation of KRS 511.080, criminal trespass in the third degree, is a "violation", which results in a fine not more than $250. The fine shall not be imposed if he is indigent pursuant to KRS Chapter 31.
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Criminal Trespass in Kentucky has three degrees:
511.060 Criminal trespass in the first degree.
(1) A person is guilty of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a dwelling.
(2) Criminal trespass in the first degree is a Class A misdemeanor [...]
511.070 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree when he or she knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure
(2) Criminal trespass in the second degree is a Class B misdemeanor, [...]
511.080 Criminal trespass in the third degree
(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
(2) Criminal trespass in the third degree is a violation [...]
Parking and not leaving after being told to does not trespass on a dwelling or building, so it is only fitting the third degree possible. As such the prescribed punishment is a violation, which comes out to a fine of at maximum 250 USD.
534.040 Fines for misdemeanors and violations.
(2) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any offense other than a felony shall be sentenced, [...] , to pay a fine in an amount not to exceed:
(a) For a Class A misdemeanor, five hundred dollars ($500); or
(b) For a Class B misdemeanor, two hundred fifty dollars ($250); or
(c) For a violation, two hundred fifty dollars ($250).
