46.4001 Definitions.

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As used in this chapter:

(a) Enter unlawfully or remain unlawfully: a person “enters unlawfully” or “remains unlawfully” in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, 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 the premises or another 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.

(b) Forcibly steals: a person “forcibly steals” and thereby commits robbery when, in the course of stealing as defined in 46.4103, he uses or threatens the immediate use of physical force upon another person for the purpose of:

(1) preventing or overcoming resistance to the taking of the property or to the retention of it immediately after the taking; or

(2) compelling the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(c) “Inhabitable structure” includes a house, fale, building, ship, trailer, airplane, or any other vehicle or structure:

(1) where any person lives or carries on business or other calling;

(2) where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(3) which is used for overnight accommodation of persons. Any vehicle or structure is “inhabitable” regardless of whether a person is actually present.

(d) If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an “inhabitable structure of another”.

(e) Of another: property is that “of another” if any natural person, corporation, partnership, association, governmental subdivision, or instrumentality, other than the actor, has a possessory or proprietary interest in it.

(f) “To tamper” means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

(g) “Utility” means an enterprise which provides gas, electric, water, sewage disposal, or communication services and any common carrier. It may be either publicly or privately owned or operated.

(h) “Vital public facility” includes a facility maintained for use as a bridge whether over land or water, dam, reservoir, communication installation, or power station.

History: 1979, PL 16-43 § 2; amd 1981, PL 17-11 § 1.

Research Guide: MCC 569.010, 15 ASC 601, 15 ASC 941.