Kentucky Disorderly Conduct Laws: Penalties, Trespass and Purple Paint

Kentucky has two degrees of disorderly conduct. Disorderly conduct in the second degree (KRS 525.060) is a Class B misdemeanor, punishable by up to 90 days in jail and a fine of up to $250; disorderly conduct in the first degree (KRS 525.055), the same kinds of conduct within 300 feet of a funeral, burial, viewing, procession or memorial service, is a Class A misdemeanor with up to 12 months and a fine of up to $500. Both require a public place and intent to cause public inconvenience, annoyance or alarm, or wantonly creating a risk of it.

Criminal trespass has three degrees (KRS 511.060 to 511.080). Third degree is a violation, punishable by a fine only, and second degree is a Class B misdemeanor, with each rising one level for a second or subsequent offense within three years (for offenses committed on or after July 15, 2026). First degree, trespass in a dwelling, is a Class A misdemeanor, and becomes a Class D felony only during a declared emergency arising from a natural or man-made disaster, within the declared and impacted area. Kentucky also recognizes purple paint marks as notice against trespass for second-degree trespass. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kentucky's state criminal statutes on disorderly conduct (KRS 525.055 and 525.060), related public-order offenses in KRS chapters 525, 519, 508, 222 and 39A, and criminal trespass in KRS chapter 511 and KRS 277.350 and 150.092. It does not cover local noise ordinances and quiet hours (see Kentucky noise laws), the procedure for removing squatters (see Kentucky squatters' rights), use of force against an intruder (see Kentucky self-defense laws), civil trespass lawsuits, city and county ordinances, or federal property rules.

Disorderly conduct in the second degree

Under KRS 525.060(1), a person is guilty of disorderly conduct in the second degree "when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof," the person:

• "Engages in fighting or in violent, tumultuous, or threatening behavior";
• "Makes unreasonable noise";
• "Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency"; or
• "Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose."

It is a Class B misdemeanor (KRS 525.060(2)). For unreasonable noise in neighborhoods, quiet hours and local limits, see our Kentucky noise ordinance laws page.

KRS 525.060 has no clause for offensive or abusive language as such; its listed forms are conduct, noise, refusing a safety dispersal order and hazardous conditions. Language is covered instead by harassment, KRS 525.070(1)(c): with intent to intimidate, harass, annoy or alarm another person, making "an offensively coarse utterance, gesture, or display" in a public place, or addressing "abusive language to any person present." That form of harassment is a violation; harassment by striking, shoving, kicking or other physical contact is a Class B misdemeanor. Two definitions in KRS 525.010 shape every form. "Public" means "affecting or likely to affect a substantial group of persons." A "public place" is "a place to which the public or a substantial group of persons has access," including highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and the hallways, lobbies and other common areas of apartment houses and hotels, but not the rooms or apartments people live in. An act "is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place."

The penalty

A Class B misdemeanor carries a jail term that "shall not exceed ninety (90) days" (KRS 532.090(2)) and a fine of up to $250 (KRS 534.040(2)(b)). Under KRS 534.040(1), fines and jail "shall not be mutually exclusive"; a fine may be imposed instead of jail or in addition to it, and the fines in that section are not imposed on a person the court finds indigent (KRS 534.040(4)).

Disorderly conduct in the first degree (funerals)

KRS 525.055 applies the same intent requirement and three of the same forms (fighting or violent, tumultuous or threatening behavior; unreasonable noise; a hazardous or physically offensive condition) when all of these are true:

• the person acts within 300 feet of a cemetery during a funeral or burial, a funeral home during a viewing, a funeral procession, a funeral or memorial service, or a building in which a funeral or memorial service is being conducted;
• the conduct occurs between one hour before the event begins and one hour after it ends; and
• the person "Knows that he or she is within three hundred (300) feet" of the occasion.

It is a Class A misdemeanor, punishable by up to 12 months (KRS 532.090(1)) and a fine of up to $500 (KRS 534.040(2)(a)).

Kentucky has two more funeral statutes. Disrupting meetings and processions in the first degree (KRS 525.145), a Class A misdemeanor, applies when, "with intent to prevent or disrupt a funeral or burial, funeral home viewing of a deceased person, funeral procession, or funeral or memorial service," a person physically obstructs or interferes with it or "makes any utterance, gesture, or display designed to outrage the sensibilities of the group attending the occasion." Interference with a funeral (KRS 525.155), a Class B misdemeanor, covers blocking or obstructing access into or from a building, parking lot, burial plot or cemetery parking lot where a funeral, wake, memorial service or burial is being conducted, from one hour before to one hour after the event.

Public intoxication, riot and other public-order offenses

Public intoxication (KRS 525.100). A person commits public intoxication "when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity." It is a Class B misdemeanor.

Alcohol intoxication and drinking in public (KRS 222.202). Being drunk on alcohol alone in public is a separate offense. Under KRS 222.202(1), a person is guilty of alcohol intoxication "when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity." Under KRS 222.202(2), drinking "an alcoholic beverage in a public place, or in or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room" is the offense of drinking alcoholic beverages in a public place. Under KRS 222.990, a first or second offense of either is "fined not less than twenty-five dollars ($25)," and a third or subsequent offense within a 12-month period carries a fine of $25 to $100, 5 to 90 days in the county jail, or both; for a third or subsequent offender the court may also order an alcohol or substance abuse treatment or education program of up to six months.

Riot and related offenses. A riot is "a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government" functions (KRS 525.010(5)).

• Riot in the first degree (KRS 525.020): knowingly participating in a riot in which a person other than a participant suffers physical injury or substantial property damage occurs. Class D felony, 1 to 5 years (KRS 532.060(2)(d)) and a fine of $1,000 to $10,000 or double the gain, whichever is greater (KRS 534.030(1)).
• Riot in the second degree (KRS 525.030): knowingly participating in a riot. Class A misdemeanor.
• Inciting to riot (KRS 525.040): inciting or urging five or more persons to create or engage in a riot. Class A misdemeanor.
• Unlawful assembly (KRS 525.050): assembling with five or more persons to engage or prepare to engage in a riot, or remaining at an assembly that has or develops that purpose with intent to advance it. Class B misdemeanor.
• Failure to disperse (KRS 525.160): participating with two or more persons "in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm," and intentionally refusing to disperse when ordered by a peace officer or other public servant enforcing the law. Class B misdemeanor.

Obstructing a highway or other public passage (KRS 525.140). Intentionally or wantonly rendering a highway or public passage impassable without unreasonable inconvenience or hazard, with no legal privilege to do so, is a Class B misdemeanor. The statute provides that "No person shall be convicted under this section solely because of a gathering of persons to hear him speak or otherwise communicate or solely because of being a member of such a gathering," and that a dispersal order aimed at a speaker whose audience causes the obstruction "shall not be deemed lawful if the obstruction can be readily remedied by police control of the size or location of the gathering."

Disrupting meetings in the second degree (KRS 525.150). Acting "with intent to prevent or disrupt a lawful meeting, procession, or gathering" by physically obstructing or interfering with it, or by an utterance, gesture or display "designed to outrage the sensibilities of the group," is a Class B misdemeanor.

Loitering (KRS 525.090). Loitering is a violation. It covers loitering or remaining in a public place to gamble with cards, dice or other gambling paraphernalia (charitable gaming and licensed sports wagering, fantasy contests, fixed-odds wagering and horse-race wagering excepted) or to use a controlled substance unlawfully; loitering or remaining in or about a school, college or university building or grounds without a reason or relationship involving custody of or responsibility for a student, or any other specific legitimate reason, and without written permission; and loitering in a transportation facility, unless authorized, to solicit or engage in business. A violation is "an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed" (KRS 500.080), and the fine is up to $250 (KRS 534.040(2)(c)).

Chapter 525 contains no separate breach of the peace or disturbing the peace offense. Among its other offenses are:

• Harassment (KRS 525.070): a violation, or a Class B misdemeanor when it involves striking, shoving, kicking or other physical contact.
• Harassing communications (KRS 525.080): a Class B misdemeanor.
• Disseminating personally identifying information to intimidate, abuse, threaten, harass or frighten (KRS 525.085): a Class A misdemeanor, a Class D felony if physical injury results, a Class C felony for serious physical injury, and a Class B felony if death results.
• Desecration of venerated objects in the second degree, such as desecrating a public monument, a place of worship, or in a public place the national or state flag (KRS 525.110): a Class A misdemeanor.
• Obstructing an emergency responder (KRS 525.015): a violation for a first offense and a Class B misdemeanor for a second or subsequent offense.

False alarms and threats. Knowingly causing a false alarm of fire or other emergency, or circulating a false report or warning of a fire or other emergency likely to cause public inconvenience or alarm, when the false report results in an emergency response, is falsely reporting an incident, a Class D felony; knowingly reporting a false offense or incident to law enforcement, or giving false information to implicate another, is a Class A misdemeanor (KRS 519.040). The court must order restitution of the reasonable costs of the emergency response. Falsely stating that a weapon of mass destruction has been placed at a school, school bus, government property, domestic violence shelter, workplace or gathering of three or more persons is terroristic threatening in the first degree, a Class C felony (KRS 508.075). False statements meant to cause a school evacuation or cancellation, or to create fear among students, parents or school staff, and threats of an act likely to cause death or serious injury at a public event, place of worship, school function, workplace or gathering of three or more, are terroristic threatening in the second degree, a Class D felony, or a Class C felony with substantial preparatory conduct (KRS 508.078). False statements made to cause the evacuation of a building, place of assembly or public transportation facility, outside those sections, are terroristic threatening in the third degree, a Class A misdemeanor (KRS 508.080).

Emergency orders. Violating an order issued under Kentucky's emergency management chapter, where no other penalty is specified, carries a fine of up to $100 for a first offense and up to $250 for each later offense (KRS 39A.990).

Criminal trespass in Kentucky

What "enters or remains unlawfully" means, and being told to leave

Every degree of criminal trespass turns on entering or remaining "unlawfully." Under KRS 511.090(1), a person enters or remains unlawfully "when he is not privileged or licensed to do so." The other subsections of KRS 511.090 explain when that is:

• Places open to the public. A person who enters or remains in premises "which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person" (KRS 511.090(2)). A store customer is licensed to be there until such an order is personally communicated.
• Areas not open to the public. A license to be in premises only partly open to the public is not a license to enter the part that is not open (KRS 511.090(3)).
• Unimproved, unfenced land. A person on "unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner" (KRS 511.090(4)).
• Railtrails. Unfenced private land next to a railtrail "shall be presumed to be land where notice against trespassing has been given," and a railtrail user is presumed to lack license to enter it without an adjoining landowner's permission (KRS 511.090(5)).

"Premises" includes a building "and any real property," and a "dwelling" is "a building which is usually occupied by a person lodging therein" (KRS 511.010).

The three degrees

Third degree (KRS 511.080). A person "knowingly enters or remains unlawfully in or upon premises." This is a violation, unless the offense occurs during a declared emergency arising from a natural or man-made disaster, within the area covered by the declaration and impacted by the disaster, or the person "commits a second or subsequent offense within three (3) years of the prior offense"; either way it becomes a Class B misdemeanor. The repeat-offense rule, added by 2026 Ky. Acts ch. 67, reaches offenses committed on or after July 15, 2026 (KRS 446.110).

Second degree (KRS 511.070). A person knowingly enters or remains:

• "Unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure"; or
• "In a workplace, while engaging in threatening behavior, as to which notice against trespass is given verbally or in writing by the applicable employer, an employee with the employer's authorization, or an authorized agent of the employer."

"Threatening behavior" is "behavior intentionally engaged in by a person that places another person in reasonable apprehension of imminent physical injury," and a "workplace" is property owned, leased or controlled by an employer where its business is conducted and its employees work (KRS 511.010). Second-degree trespass is a Class B misdemeanor, unless it occurs in a declared disaster area as described above or is a second or subsequent offense within three years of the prior offense (for offenses committed on or after July 15, 2026), in which case it is a Class A misdemeanor.

First degree (KRS 511.060). A person "knowingly enters or remains unlawfully in a dwelling." This is a Class A misdemeanor, "unless 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, in which case it is a Class D felony." That disaster-area rule is the only felony form among the three degrees.

Purple paint

For second-degree trespass, KRS 511.070(2) provides that "notice against trespass includes the placement of identifying purple paint marks on trees or posts on the property" if the marks are:

• vertical lines "not less than eight (8) inches in length and not less than one (1) inch in width";
• placed so the bottom of the mark is between three and five feet from the ground; and
• placed where they are readily visible to anyone approaching the property and no more than 100 feet apart on forest land, or 1,000 feet apart on other land.

The purple paint rule is written "For the purposes of this section," meaning section 511.070.

Special trespass offenses

• Domestic violence shelter trespass (KRS 511.085). Entering the buildings or premises of a domestic violence shelter that the person knows or should know is one, or that is clearly marked as one, while the subject of an order of protection, is a Class A misdemeanor. The statute provides that "It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order"; a resident of the shelter cannot grant that permission. A person cannot be convicted of both this offense and another degree of criminal trespass for the same act.
• Key infrastructure assets (KRS 511.100). The listed assets are critical nodes of electrical generation systems, petroleum refineries, rubber or hazardous chemical manufacturing facilities, petroleum or hazardous chemical storage facilities or terminals, natural gas processing and compressor facilities and above-ground pipelines, railroad yards and tunnel portals, drinking water facilities, prison, jail and juvenile detention grounds, military weapons facilities, wireless communications facilities and telecommunications central switching offices, cable, telephone and broadband facilities, commercial food manufacturing or processing facilities, animal feeding operations, and electrical highway infrastructure. The offense covers knowingly entering or remaining unlawfully on property where such an asset is located; knowingly flying a drone above that property "with the intent to cause harm or damage to or conduct surveillance of the key infrastructure asset" without the owner's, tenant's or lessee's prior consent; and, at food processing facilities and animal feeding operations, knowingly operating a drone or a video, audio or photography device on or above the property, or recording or distributing any part, procedure or action of the operation, without consent. Subsection (4) lists exemptions, including government, owner-authorized, emergency, FAA-compliant commercial, insurance, court-ordered and utility drone use and officials performing their duties. It is a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense.
• Railroad property (KRS 277.350). Going on a railroad's track, property or right-of-way without the railroad's consent, other than to pass over it at a public or private crossing, is "criminal trespass in the second degree." The section does not apply to track that has been legally abandoned and is not used for railroad purposes.
• Hunting and fishing (KRS 150.092). "Persons shall not enter upon the lands of another to shoot, hunt, trap, or fish, or for other wildlife-related recreational purposes, without the oral or written permission of the landowner, tenant, or person who has authority to grant permission." A fish and wildlife officer may arrest or cite a violator. Under KRS 150.990(15), a first violation is fined $100 to $300 and a second $300 to $1,000; for subsequent offenses the violator forfeits the license (or license-exempt privilege) for one year and is fined at least $1,000 or jailed up to one year, or both, and is liable to the landowner or tenant for the replacement cost of damaged property. Causing damage to buildings, fences, crops, livestock or domestic animals, machinery or other property while on another's land to hunt, trap, fish or for wildlife recreation (KRS 150.092(4)) carries a fine of $100 to $1,000, 30 days to one year in jail, or both, plus forfeiture of the license for one to three years (KRS 150.990(11)).

Unlawful camping

KRS 511.110, created in 2024, makes it unlawful camping to knowingly enter or remain on "a public or private street, sidewalk, area under a bridge or underpass, path, park, cemetery, or other area designated for use by pedestrians or vehicles," including areas used to get into or out of businesses, homes or public buildings, "with the intent to sleep or camp in that area," when the area has not been designated for sleeping or camping or the person lacks authorization. It is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense or "if during the first offense the individual refuses to cease the offense." The section does not prohibit the customary use of designated recreational camping areas or rest areas, or sleeping temporarily in a vehicle parked lawfully for less than 12 hours.

Squatting, force and burglary

Chapter 511 contains no separate squatting offense; remaining unlawfully in a dwelling is first-degree criminal trespass. Since June 27, 2025, KRS 383.290 lets a property owner or agent ask a law enforcement officer to remove a person unlawfully occupying real property when the statute's conditions are met, including that the person never was a tenant and the owner has told them to leave. For that procedure, see Kentucky squatters' rights. For the use of force against an intruder, see Kentucky self-defense laws.

Trespass becomes burglary when the unlawful entry comes with intent to commit a crime. Burglary in the third degree (KRS 511.040), knowingly entering or remaining unlawfully in a building "with the intent to commit a crime," is a Class D felony, or a Class C felony during a declared disaster emergency in the covered and impacted area.

Kentucky disorderly conduct and trespass penalties

Misdemeanor jail limits come from KRS 532.090, felony terms from KRS 532.060, and fines from KRS 534.040 (misdemeanors and violations) and KRS 534.030 (felonies). For Kentucky's full class table, see Kentucky felony classes and misdemeanor penalties.

Recent changes

• 2026 Ky. Acts ch. 67 (signed April 10, 2026, effective July 15, 2026) added the workplace branch of second-degree trespass, with definitions of "threatening behavior," "workplace," "employer" and "employee" in KRS 511.010, and made a second or subsequent second- or third-degree trespass within three years of the prior offense one class higher (KRS 511.070(3)(b), 511.080(2)(b)). Under Kentucky's general savings statute, KRS 446.110, a new law does not affect an offense committed before it takes effect, so the higher grades reach offenses committed on or after July 15, 2026.
• 2026 Ky. Acts ch. 184, sec. 37 (a gaming act, effective July 15, 2026) amended the list of licensed wagering excepted from the gambling clause of the loitering statute, KRS 525.090(1)(a).
• 2025 Ky. Acts ch. 63 (effective June 27, 2025) created KRS 383.290, the law enforcement removal procedure for unlawful occupants.
• 2025 Ky. Acts ch. 42 (effective March 19, 2025) amended the key infrastructure trespass statute, KRS 511.100.
• 2024 Ky. Acts ch. 174 (effective July 15, 2024) created the unlawful camping offense, KRS 511.110.
• 2024 Ky. Acts ch. 197 (SB 118, effective July 15, 2024) added the purple paint notice rule to KRS 511.070.

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

Related pages

• Disorderly conduct and trespass laws by state
• Kentucky noise ordinance laws
• Kentucky felony classes and misdemeanor penalties
• Kentucky squatters' rights
• Kentucky self-defense laws
• Kentucky assault laws

This article provides general legal information about Kentucky's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Kentucky.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Kentucky?

Under KRS 525.060, it is fighting or violent, tumultuous or threatening behavior, unreasonable noise, refusing a safety order to disperse near a fire or emergency, or creating a hazardous or physically offensive condition, in a public place with intent to cause public inconvenience, annoyance or alarm, or wantonly creating that risk.

Is disorderly conduct a misdemeanor in Kentucky?

Yes. Second degree (KRS 525.060) is a Class B misdemeanor, up to 90 days and a $250 fine. First degree (KRS 525.055), the same conduct knowingly within 300 feet of a funeral or memorial occasion during the time window, is a Class A misdemeanor, up to 12 months and a $500 fine.

Can you get disorderly conduct for swearing in Kentucky?

KRS 525.060 has no clause for offensive or abusive language as such. Its forms are fighting or violent, tumultuous or threatening behavior, unreasonable noise, refusing a safety dispersal order, and hazardous or physically offensive conditions, each requiring a public place and the statute's intent or wanton risk. Separately, harassment under KRS 525.070(1)(c) covers making an offensively coarse utterance, gesture or display in a public place, or addressing abusive language to a person present, with intent to intimidate, harass, annoy or alarm; that form is a violation.

Is public intoxication illegal in Kentucky?

KRS 525.100 makes it a Class B misdemeanor to appear in public manifestly under the influence of a controlled or other intoxicating substance to the degree of endangering people or property or unreasonably annoying others. That section excludes alcohol unless it is combined with one of those substances. Alcohol alone falls under KRS 222.202: appearing in public manifestly under the influence of alcohol to the degree of endangering people or property or unreasonably annoying others is alcohol intoxication, and drinking alcohol in a public place is a separate offense. Each is fined at least $25, with a fine of $25 to $100, 5 to 90 days in jail, or both for a third or later offense within 12 months (KRS 222.990).

What are the degrees of criminal trespass in Kentucky?

Third degree (KRS 511.080) is unlawfully on any premises, a violation. Second degree (KRS 511.070) is a fenced or enclosed building or premises, or a workplace with threatening behavior after notice, a Class B misdemeanor. First degree (KRS 511.060) is a dwelling, a Class A misdemeanor. For offenses committed on or after July 15, 2026, a repeat within 3 years raises second and third degree one level.

Is trespassing a felony in Kentucky?

Among the criminal trespass offenses in KRS chapter 511, only first-degree trespass in a dwelling committed during a declared disaster emergency, within the declared and impacted area, is a Class D felony (KRS 511.060(2)). Entering or remaining unlawfully in a building with intent to commit a crime is burglary, a felony.

Does Kentucky have a purple paint law?

Yes, for second-degree trespass. Under KRS 511.070(2), notice includes purple vertical marks on trees or posts at least 8 inches long and 1 inch wide, 3 to 5 feet off the ground, readily visible, and no more than 100 feet apart on forest land or 1,000 feet apart on other land.

What happens if a store tells you to leave in Kentucky?

Under KRS 511.090(2), a person in premises open to the public is licensed to be there unless they defy a lawful order not to enter or remain that the owner or another authorized person personally communicates. Remaining after such an order is entering or remaining unlawfully, the element of criminal trespass.

Is camping on the street illegal in Kentucky?

KRS 511.110 makes unlawful camping in streets, sidewalks, underpasses, parks and similar undesignated areas a violation for a first offense and a Class B misdemeanor for a repeat or a refusal to stop. Sleeping temporarily in a lawfully parked vehicle for under 12 hours is excluded.