(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, 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.
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