Section 563.011

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 563

Effective - 28 Aug 2018, 3 histories   

  563.011.  Chapter definitions. — As used in this chapter the following terms shall mean:

  (1)  "Armed nuclear security guard", a security guard who works at a nuclear power plant, who is employed as part of the security plan approved by the United States Nuclear Regulatory Commission, and who meets the requirements mandated by the United States Nuclear Regulatory Commission for carrying a firearm;

  (2)  "Deadly force", physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury;

  (3)  "Dwelling", any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;

  (4)  "Forcible felony", any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;

  (5)  "Premises", includes any building, inhabitable structure and any real property;

  (6)  "Private person", any person other than a law enforcement officer;

  (7)  "Private property", any real property in this state that is privately owned or leased;

  (8)  "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;

  (9)  "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;

  (10)  "Structure or fenced yard", any structure, fenced yard, wall, building, other similar barrier, or any combination of the foregoing that is located on the real property of a nuclear power plant and that is posted with signage indicating it is a felony to trespass;

  (11)  "Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so.  A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person.  A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.

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(L. 1977 S.B. 60, A.L. 2007 S.B. 62 & 41, A.L. 2010 H.B. 1692, et al., A.L. 2018 H.B. 1797)