§ 140.00 Criminal trespass and burglary; definitions of terms.
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.
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