Criminal Law

questions & answers

Question: if you break into a unoccupied building to sleep is it burglary or trespassing

Answer:

There are different degrees of trespassing in the state of Arizona and are distinguished by Arizona revised statutes. They are as followed:

ARS 13-1502 Criminal trespass in the third degree A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. 2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company. B. Criminal trespass in the third degree is a class 3 misdemeanor.

ARS13-1503 Criminal trespass in the second degree A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. B. Criminal trespass in the second degree is a class 2 misdemeanor.

 ARS 13-1504 Criminal trespass in the first degree A. A person commits criminal trespass in the first degree by knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2. Entering or remaining unlawfully in a fenced residential yard. 3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy. 4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. 6. Entering or remaining unlawfully in or on a critical public service facility. B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor. 

For the definition of burglary in the state if Arizona, as well as the distinctions of the degrees, please visit to the Arizona legislature website under Chapter 15 of Title 13. 

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