569.010. As used in this chapter the following terms mean:
(1) "Forcibly steals", a person "forcibly steals", andthereby commits robbery, when, in the course of stealing, asdefined in section 570.030, RSMo, he uses or threatens theimmediate use of physical force upon another person for thepurpose of:
(a) Preventing or overcoming resistance to the taking of theproperty or to the retention thereof immediately after thetaking; or
(b) Compelling the owner of such property or another personto deliver up the property or to engage in other conduct whichaids in the commission of the theft;
(2) "Inhabitable structure" includes a ship, trailer,sleeping car, airplane, or other vehicle or structure:
(a) Where any person lives or carries on business or othercalling; or
(b) Where people assemble for purposes of business,government, education, religion, entertainment or publictransportation; or
(c) Which is used for overnight accommodation of persons.Any such vehicle or structure is "inhabitable" regardless ofwhether a person is actually present;
(3) "Of another", property is that "of another" if anynatural person, corporation, partnership, association,governmental subdivision or instrumentality, other than theactor, has a possessory or proprietary interest therein;
(4) If a building or structure is divided into separatelyoccupied units, any unit not occupied by the actor is an"inhabitable structure of another";
(5) "Vital public facility" includes a facility maintainedfor use as a bridge, whether over land or water, dam, reservoir,tunnel, communication installation or power station;
(6) "Utility", an enterprise which provides gas, electric,steam, water, sewerage disposal or communication services and anycommon carrier. It may be either publicly or privately owned oroperated;
(7) "To tamper", to interfere with something improperly, tomeddle with it, displace it, make unwarranted alterations in itsexisting condition, or to deprive, temporarily, the owner orpossessor of that thing;
(8) "Enter unlawfully or remain unlawfully", a person"enters unlawfully or remains unlawfully" in or upon premiseswhen he is not licensed or privileged to do so. A person who,regardless of his purpose, enters or remains in or upon premiseswhich are at the time open to the public does so with license andprivilege unless he defies a lawful order not to enter or remain,personally communicated to him by the owner of such premises orby other authorized person. A license or privilege to enter orremain in a building which is only partly open to the public isnot a license or privilege to enter or remain in that part of thebuilding which is not open to the public.
(L. 1977 S.B. 60)
Effective 1-1-79
(1991) Where defendant entered automobile used to transport cosmetics to homes where victim made sale presentations, automobile was not a place where she carries on business and thus was not an inhabitable structure for purposes of second-degree burglary charge. State v. Liffick, 815 S.W.2d 132 (Mo.App.).
569.010. As used in this chapter the following terms mean:
(1) "Forcibly steals", a person "forcibly steals", andthereby commits robbery, when, in the course of stealing, asdefined in section 570.030, RSMo, he uses or threatens theimmediate use of physical force upon another person for thepurpose of:
(a) Preventing or overcoming resistance to the taking of theproperty or to the retention thereof immediately after thetaking; or
(b) Compelling the owner of such property or another personto deliver up the property or to engage in other conduct whichaids in the commission of the theft;
(2) "Inhabitable structure" includes a ship, trailer,sleeping car, airplane, or other vehicle or structure:
(a) Where any person lives or carries on business or othercalling; or
(b) Where people assemble for purposes of business,government, education, religion, entertainment or publictransportation; or
(c) Which is used for overnight accommodation of persons.Any such vehicle or structure is "inhabitable" regardless ofwhether a person is actually present;
(3) "Of another", property is that "of another" if anynatural person, corporation, partnership, association,governmental subdivision or instrumentality, other than theactor, has a possessory or proprietary interest therein;
(4) If a building or structure is divided into separatelyoccupied units, any unit not occupied by the actor is an"inhabitable structure of another";
(5) "Vital public facility" includes a facility maintainedfor use as a bridge, whether over land or water, dam, reservoir,tunnel, communication installation or power station;
(6) "Utility", an enterprise which provides gas, electric,steam, water, sewerage disposal or communication services and anycommon carrier. It may be either publicly or privately owned oroperated;
(7) "To tamper", to interfere with something improperly, tomeddle with it, displace it, make unwarranted alterations in itsexisting condition, or to deprive, temporarily, the owner orpossessor of that thing;
(8) "Enter unlawfully or remain unlawfully", a person"enters unlawfully or remains unlawfully" in or upon premiseswhen he is not licensed or privileged to do so. A person who,regardless of his purpose, enters or remains in or upon premiseswhich are at the time open to the public does so with license andprivilege unless he defies a lawful order not to enter or remain,personally communicated to him by the owner of such premises orby other authorized person. A license or privilege to enter orremain in a building which is only partly open to the public isnot a license or privilege to enter or remain in that part of thebuilding which is not open to the public.
(L. 1977 S.B. 60)
Effective 1-1-79
(1991) Where defendant entered automobile used to transport cosmetics to homes where victim made sale presentations, automobile was not a place where she carries on business and thus was not an inhabitable structure for purposes of second-degree burglary charge. State v. Liffick, 815 S.W.2d 132 (Mo.App.).
569.010. As used in this chapter the following terms mean:
(1) "Forcibly steals", a person "forcibly steals", andthereby commits robbery, when, in the course of stealing, asdefined in section 570.030, RSMo, he uses or threatens theimmediate use of physical force upon another person for thepurpose of:
(a) Preventing or overcoming resistance to the taking of theproperty or to the retention thereof immediately after thetaking; or
(b) Compelling the owner of such property or another personto deliver up the property or to engage in other conduct whichaids in the commission of the theft;
(2) "Inhabitable structure" includes a ship, trailer,sleeping car, airplane, or other vehicle or structure:
(a) Where any person lives or carries on business or othercalling; or
(b) Where people assemble for purposes of business,government, education, religion, entertainment or publictransportation; or
(c) Which is used for overnight accommodation of persons.Any such vehicle or structure is "inhabitable" regardless ofwhether a person is actually present;
(3) "Of another", property is that "of another" if anynatural person, corporation, partnership, association,governmental subdivision or instrumentality, other than theactor, has a possessory or proprietary interest therein;
(4) If a building or structure is divided into separatelyoccupied units, any unit not occupied by the actor is an"inhabitable structure of another";
(5) "Vital public facility" includes a facility maintainedfor use as a bridge, whether over land or water, dam, reservoir,tunnel, communication installation or power station;
(6) "Utility", an enterprise which provides gas, electric,steam, water, sewerage disposal or communication services and anycommon carrier. It may be either publicly or privately owned oroperated;
(7) "To tamper", to interfere with something improperly, tomeddle with it, displace it, make unwarranted alterations in itsexisting condition, or to deprive, temporarily, the owner orpossessor of that thing;
(8) "Enter unlawfully or remain unlawfully", a person"enters unlawfully or remains unlawfully" in or upon premiseswhen he is not licensed or privileged to do so. A person who,regardless of his purpose, enters or remains in or upon premiseswhich are at the time open to the public does so with license andprivilege unless he defies a lawful order not to enter or remain,personally communicated to him by the owner of such premises orby other authorized person. A license or privilege to enter orremain in a building which is only partly open to the public isnot a license or privilege to enter or remain in that part of thebuilding which is not open to the public.
(L. 1977 S.B. 60)
Effective 1-1-79
(1991) Where defendant entered automobile used to transport cosmetics to homes where victim made sale presentations, automobile was not a place where she carries on business and thus was not an inhabitable structure for purposes of second-degree burglary charge. State v. Liffick, 815 S.W.2d 132 (Mo.App.).
