PL 140.17 Criminal trespass 1st degree Class D felony Link to CJI2d
§ 140.17 Criminal trespass in the first degree.
  A  person  is  guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when,  in  the
course of committing such crime, he:
  1.   Possesses,  or  knows  that  another  participant  in  the  crime
possesses, an explosive or a deadly weapon; or
  2.   Possesses a firearm, rifle or shotgun, as those terms are defined
in section 265.00, and  also  possesses  or  has  readily  accessible  a
quantity  of  ammunition  which is capable of being discharged from such
firearm, rifle or shotgun; or
  3.   Knows  that another participant in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two.
  Criminal trespass in the first degree is a class D felony.
.
Subdivision Elements Lesser included offenses
PL 140.17(1)
  • knowingly enters or remains unlawfully
  • building
  • possesses explosive or deadly weapon

LIO

PL 140.17(2)
  • knowingly enters or remains unlawfully
  • building
  • possesses firearm, rifle or shotgun
  • possesses ammunition

LIO

PL 140.17(3)
  • knowingly enters or remains unlawfully
  • building
  • knows another participant possesses firearm, rifle or shotgun

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by