13-1501. Definitions
In this chapter, unless the context otherwise requires:
1. "Critical public service facility" means:
(a) A structure or fenced yard that is posted with signage indicating it is a
felony to trespass or signage indicating high voltage or high pressure and is used by a
rail, bus, air or other mass transit provider, a public or private utility, any municipal
corporation, city, town or other political subdivision that is organized under state law
and that generates, transmits, distributes or otherwise provides natural gas, liquefied
petroleum gas, electricity or a combustible substance for a delivery system that is not a
retail-only facility, a telecommunications carrier or telephone company, a municipal
provider as defined in section 45-561, a law enforcement agency, a public or private fire
department or an emergency medical service provider.
(b) A structure or fenced yard or any equipment or apparatus that is posted with
signage indicating it is a felony to trespass or signage indicating high voltage or high
pressure and is used to manufacture, extract, transport, distribute or store gas,
including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous
materials, unless it is a retail-only facility.
2. "Enter or remain unlawfully" means an act of a person who enters or remains on
premises when the person's intent for so entering or remaining is not licensed,
authorized or otherwise privileged except when the entry is to commit theft of
merchandise displayed for sale during normal business hours, when the premises are open
to the public and when the person does not enter any unauthorized areas of the premises.
3. "Entry" means the intrusion of any part of any instrument or any part of a
person's body inside the external boundaries of a structure or unit of real property.
4. "Fenced commercial yard" means a unit of real property that is surrounded
completely by fences, walls, buildings or similar barriers, or any combination of fences,
walls, buildings or similar barriers, and that is used primarily for business operations
or where livestock, produce or other commercial items are located.
5. "Fenced residential yard" means a unit of real property that immediately
surrounds or is adjacent to a residential structure and that is enclosed by a fence,
wall, building or similar barrier or any combination of fences, walls, buildings or
similar barriers.
6. "Fenced yard" means a unit of real property that is surrounded by fences, walls,
buildings or similar barriers or any combination of fences, walls, buildings or similar
barriers.
7. "In the course of committing" means any acts that are performed by an intruder
from the moment of entry to and including flight from the scene of a crime.
8. "Manipulation key" means a key, device or instrument, other than a key that is
designed to operate a specific lock, that can be variably positioned and manipulated in a
vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or
rocker key.
9. "Master key" means a key that operates all the keyed locks or cylinders in a
similar type or group of locks.
10. "Nonresidential structure" means any structure other than a residential
structure and includes a retail establishment.
11. "Residential structure" means any structure, movable or immovable, permanent or
temporary, that is adapted for both human residence and lodging whether occupied or not.
12. "Structure" means any vending machine or any building, object, vehicle, railroad
car or place with sides and a floor that is separately securable from any other structure
attached to it and that is used for lodging, business, transportation, recreation or
storage.
13. "Vending machine" means a machine that dispenses merchandise or service through
the means of currency, coin, token, credit card or other nonpersonal means of accepting
payment for merchandise or service received.
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