§708-813  Criminal trespass in the first
degree.  (1)  A person commits the offense of criminal trespass in the
first degree if:



(a) That person knowingly enters or remains
unlawfully:



(i)  In a dwelling; or



(ii)  In or upon the premises of a hotel or apartment
building;



(b) That person:



(i)  Knowingly enters or remains unlawfully in
or upon premises that are fenced or enclosed in a manner designed to exclude
intruders; and



(ii)  Is in possession of a firearm, as defined
in section 134-1, at the time of the intrusion; or



(c) That person enters or remains unlawfully in or
upon the premises of any public school as defined in section 302A-101, or any
private school, after reasonable warning or request to leave by school
authorities or a police officer; provided however, such warning or request to
leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.



(2)  Criminal trespass in the first degree is a
misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 55, §1; am L 1975, c 32, §1;
am L 1981, c 177, §1; am L 1996, c 89, §18; am L 2000, c 200, §1]



 



Cross References



 



  Public or private schools, defined, see §302A-101.