Section 140.00. Criminal trespass and burglary; definitions of terms  


Latest version.
  • The following definitions are applicable to this article:
        1. "Premises" includes the term "building," as defined herein, and any
      real property.
        2.  "Building,"  in  addition  to  its  ordinary meaning, includes any
      structure, vehicle or watercraft used for overnight lodging of  persons,
      or  used  by  persons  for  carrying  on business therein, or used as an
      elementary or secondary school,  or  an  inclosed  motor  truck,  or  an
      inclosed  motor  truck trailer. Where a building consists of two or more
      units separately secured or occupied, each unit shall be deemed  both  a
      separate building in itself and a part of the main building.
        3.  "Dwelling"  means a building which is usually occupied by a person
      lodging therein at night.
        4. "Night" means the period between thirty minutes  after  sunset  and
      thirty minutes before sunrise.
        5.   "Enter  or  remain  unlawfully."  A  person  "enters  or  remains
      unlawfully" in or upon premises when he is not licensed or privileged to
      do so. A person who, regardless of his intent, enters or remains  in  or
      upon  premises  which  are  at  the time open to the public does so with
      license and 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. A license or privilege to enter or remain in  a
      building  which  is  only  partly open to the public is not a license or
      privilege to enter or remain in that part of the building which  is  not
      open  to  the public. A person who enters or remains upon unimproved and
      apparently unused land, which is neither fenced nor  otherwise  enclosed
      in  a  manner  designed  to  exclude intruders, does so with license and
      privilege unless notice against trespass is personally  communicated  to
      him by the owner of such land or other authorized person, or unless such
      notice  is given by posting in a conspicuous manner. A person who enters
      or remains in or about a school building without written permission from
      someone authorized to issue such  permission  or  without  a  legitimate
      reason   which   includes   a   relationship  involving  custody  of  or
      responsibility for a pupil or student enrolled in the school or  without
      legitimate business or a purpose relating to the operation of the school
      does so without license and privilege.