• 2009 - Definitions (Burglary – Breaking and Entering Offenses)Robbery and Crimes of Trespass
  • K-9.40
    • Buildings
    • Burglary
    • Concealment
    • Criminal Trespass
    • Dwellings
    • Night
    • Possession
    • Secured Premises
    • Storage Structure
    • Stowing Away
    • Robbery And Crimes Of Trespass
    • Robbery And Crimes Of Trespass
  • “Occupied structure” means a structure or vehicle [in which any person lives or carries on business or other calling] [that is used for overnight accommodation of persons]. Such a structure or vehicle is deemed to be “occupied” regardless of whether a person is actually present.

     

    “Storage structure” means any structure, truck, railway car, or aircraft that is used primarily for the storage or transportation of property.

     

    “Highly secured premises” means any place that is continuously guarded or where display of visible identification is required of persons while they are on the premises.

     

    “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, that is for the time being a person's home or place of lodging.

     

    “Night” means the period between thirty minutes past sunset and thirty minutes before sunrise. “Premises” means all or any part of a building or real property, or any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.

    • 12.1-05-12(4)
    • 12.1-22-06
    • Gajewsky v. Bratcher, 307 NW2d 826 (ND 1981)
    • Little v. Spaeth, 394 NW2d 700 (ND 1986)
    • Rickbeil v. Grafton Deaconess Hosp., 23 NW2d 247 (ND 1946)
  • Notes: