Criminal trespass in the third degree

(1) A person is guilty of criminal trespass in the third degree when he or she knowingly enters or remains unlawfully in or upon premises. (2) Criminal trespass in the third degree is a violation, unless: (a) The offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster; or (b) A person commits a second or subsequent offense within three (3) years of the prior offense; in which case it is a Class B misdemeanor.