• 1985 - Damaging Property or Public Services (Definitions)
  • K-10.40
    • Inhabited Dwelling
    • Property
    • Public Facility
    • Damage To Property
    • Damage To Property
  • "Inhabited structure" means a structure or vehicle [where any person lives or carries on business or other calling] [where people assemble for purposes of business, government, education, religion, entertainment, or public transportation] [which is used for overnight accommodation of persons].

     

    Any structure or vehicle is deemed to be "inhabited" regardless of whether a person is actually present. If a building or structure is divided into separately inhabited units, any unit that is property of another person constitutes an inhabited structure of that person.

     

    Property is that "of another person" if anyone other than the actor has a possessory or proprietary interest in it.

     

    “Vital public facility" includes a facility maintained for use as a bridge (whether over land or water), dam, tunnel, wharf, communications installation, or power station.


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    • 12.1-21-08
    • Huber v. Oliver County, 1999 ND 220, 602 NW2d 710
  • Notes: (2004 - reviewed with no changes)