(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, 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 B misdemeanor.