Posting Land Against Trespassers

Posting Land Against Trespassers: Signs OR Purple Paint Markings Will Work in Missouri

Stephen Matthews

Missouri Agricultural Law Center

Caution: Do not rely upon this information for legal advice. See an attorney for legal advice tailored to your specific situation and needs.

Missouri defines "criminal trespass" as being either "first degree" or "second degree." First-degree is the more serious, and conviction can result in a misdemeanor B punishable by jail up to six months and/or a fine up to $500. Second-degree trespass conviction results not in a criminal record but rather in an "infraction" punishable by a fine up to $200 (no jail).

First-degree trespass can occur in four situations:

Coming onto land fenced against intruders (arguably more than just livestock fences, probably more like those high security fences with the sloping barbed-wire strands at the top);
Ignoring verbal warnings to leave the premises;
Coming onto land posted with signs against trespass reasonably likely to come to the attention of intruders; and/or
Coming onto land with purple paint marks on trees or posts around the premises.

Second-degree trespass is defined as being unlawfully on the premises of another person. The statute describes second-degree as being an offense of "absolute liability."

You can look up on the internet these criminal trespass statutes at Missouri Statutes, Chapter 569.140-.150.

The option of using purple paint markings on trees or posts was added to the Missouri statutes in l993, modeled after similar criminal trespass posting legislation in Arkansas. Landowners or renters are not required to use purple paint markings, as it is just one of the four manners specified in the Missouri trespass statute to enable law enforcement officials to bring criminal trespass charges against trespassers. But purple paint markings may be a welcomed alternative to posting land with "no trespassing" or "keep out" signs, both because such signs may be more expensive than paint markings and also because signs are easily vandalized.

Trespassers are charged with knowing the criminal trespass law, so it will do them no good to argue they didn't know and understand what those purple paint markings were about all over the posts and trees. But by now, most hunters, hikers, and other land entrants have heard about purple paint markings being the same as "No Trespassing" signs.

The statutory requirements for purple paint markings are as follows:

On either trees or posts
Paint marks must be readily visible to any person approaching the property
Paint marks must be no more than 100 feet apart
Each mark must be a vertical line at least eight inches in length
The bottom of each paint mark must be at least three feet and no higher than five feet from the ground

To read the actual purple-paint criminal trespass statute, click on this link: Missouri Statutes, Chapter 569.145