28-521 Criminal trespass, second degree; penalty. - Nebraska Statutes

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Statutes > Nebraska > Chapter28 > 28-521

28-521. Criminal trespass,second degree; penalty.(1) A person commits seconddegree criminal trespass if, knowing that he or she is not licensed or privileged to do so,he or she entersor remains in any place as to which notice against trespass is given by:(a) Actual communication to the actor; or(b) Posting in a manner prescribed by law or reasonably likelyto come to the attention of intruders; or(c) Fencing or other enclosure manifestly designed to excludeintruders except as otherwiseprovided in section 28-520.(2) Second degree criminal trespass is a Class III misdemeanor,except as provided for in subsection (3) of this section.(3) Second degree criminal trespass is a Class II misdemeanorif the offender defies an order to leave personally communicated to him or her by the owner of thepremises or other authorized person. SourceLaws 1977, LB 38, § 120; Laws 2009, LB238, § 2.AnnotationsAn automobile, by itself, is not a "place" as to which notice against trespass may be given within the meaning of subsection (1)(c) of this section. In re Interest of W.D., 232 Neb. 581, 441 N.W.2d 608 (1989).Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-521

28-521. Criminal trespass,second degree; penalty.(1) A person commits seconddegree criminal trespass if, knowing that he or she is not licensed or privileged to do so,he or she entersor remains in any place as to which notice against trespass is given by:(a) Actual communication to the actor; or(b) Posting in a manner prescribed by law or reasonably likelyto come to the attention of intruders; or(c) Fencing or other enclosure manifestly designed to excludeintruders except as otherwiseprovided in section 28-520.(2) Second degree criminal trespass is a Class III misdemeanor,except as provided for in subsection (3) of this section.(3) Second degree criminal trespass is a Class II misdemeanorif the offender defies an order to leave personally communicated to him or her by the owner of thepremises or other authorized person. SourceLaws 1977, LB 38, § 120; Laws 2009, LB238, § 2.AnnotationsAn automobile, by itself, is not a "place" as to which notice against trespass may be given within the meaning of subsection (1)(c) of this section. In re Interest of W.D., 232 Neb. 581, 441 N.W.2d 608 (1989).Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).

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State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-521

28-521. Criminal trespass,second degree; penalty.(1) A person commits seconddegree criminal trespass if, knowing that he or she is not licensed or privileged to do so,he or she entersor remains in any place as to which notice against trespass is given by:(a) Actual communication to the actor; or(b) Posting in a manner prescribed by law or reasonably likelyto come to the attention of intruders; or(c) Fencing or other enclosure manifestly designed to excludeintruders except as otherwiseprovided in section 28-520.(2) Second degree criminal trespass is a Class III misdemeanor,except as provided for in subsection (3) of this section.(3) Second degree criminal trespass is a Class II misdemeanorif the offender defies an order to leave personally communicated to him or her by the owner of thepremises or other authorized person. SourceLaws 1977, LB 38, § 120; Laws 2009, LB238, § 2.AnnotationsAn automobile, by itself, is not a "place" as to which notice against trespass may be given within the meaning of subsection (1)(c) of this section. In re Interest of W.D., 232 Neb. 581, 441 N.W.2d 608 (1989).Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).