The following definitions are applicable to this article:
(1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and such term includes any vehicle, aircraft or watercraft used for the lodging of persons or carrying on business therein, and such term includes any railroad box car or other rail equipment or trailer or tractor trailer or combination thereof. Where a building consists of two or more units separately occupied or secure, each shall be deemed both a separate building and a part of the main building.
(2) DWELLING. A building which is used or normally used by a person for sleeping, living or lodging therein.
(3) ENTER OR REMAIN UNLAWFULLY. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.
(4) POSTING IN A CONSPICUOUS MANNER. A sign or signs posted on the property, reasonably likely to come to the attention of intruders, indicating that entry is forbidden or the placement of identifying purple paint marks on trees or posts on the property, provided that the marks satisfy all of the following:
a. Are vertical lines of not less than eight inches in length and not less than one inch in width.
b. Are placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground.
c. Are placed at locations that are readily visible to any person approaching the property and are no more than 100 feet apart on forest land or 1,000 feet apart on land other than forest land.
(5) PREMISES. Such term includes any “building,” as herein defined, and any real property.
(Acts 1977, No. 607, p. 812, §2601; Acts 1983, No. 83-742, p. 1222; Act 2016-402, §1.)
Notes of Decisions
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
· cites it 2× “3d at 1348 (alteration in original) (quoting Ala. Code § 13A-7-1(2) (1979)). According to the statutory definition in force at the time, “structure .”
United States v. Frank M. Howard, 742 F.3d 1334 (11th Cir. 2014).
· cites it 2× “” Ala.Code § 13A-7-1(2). The statute specifies that the term “structure” in the definition of building “includes any vehicle, aircraft or watercraft used for the lodging of persons or carrying on business therein,” and that the “term includes any railroad box car or other rail…”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001).
· cites it 3× “" "A person `enters or remains unlawfully' in or upon premises when he is not licensed, invited or privileged to do so." § 13A-7-1(4). The "unlawful remaining" prong of Alabama's burglary statute "cover[s] cases where a person enters with license or privilege but remains after…”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996).
· cites it 4× “" Commentary, § 13A-7-1, Ala. Code 1975. Gentry had Hill's consent to enter her apartment at any time, and he lawfully possessed a set of keys to her apartment.”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019).
· cites it 2× “§ 18–1401 (1981) 8See Ala. Code §§ 13A-7-1, 13A-7-5, 13A-7-6, 13A-7-7 (1983); Alaska Stat.”
Sanders v. State, 145 So. 3d 92 (Ala. 2013).
· cites it 9× ““In addition, the Commentary to § 13A-7-1 supports our conclusion that the plain meaning of ‘building’ in § 13A-7-1, Ala.”
Davis v. State, 737 So. 2d 480 (Ala. 1999).
· cites it 5× “" Ala.Code 1975, § 13A-7-1 Commentary. The Court of Criminal Appeals expressed a reluctance to follow Ex parte Gentry, supra : "The Supreme Court's stated intention in Gentry was to prevent conviction for a capital murder committed during the course of a burglary based on the…”
United States v. Nathan E. Gundy, 842 F.3d 1156 (11th Cir. 2016).
““Instead, Alabama Code § 13A-7-1(2) provides one definition of building and then includes a non- exhaustive list of things that fall under that definition.”
McCray v. State, 88 So. 3d 1 (Ala. Crim. App. 2010).
· cites it 2× “’ Ala.Code 1975, § 13A-7-1 Commentary. [[Image here]] “Evidence of a straggle that gives rise to circumstantial evidence of revocation of a license or privilege can be used, to show an unlawful remaining, a separate prong of the offense of burglary upon which a conviction can be…”
United States v. Najee Oliver, 962 F.3d 1311 (11th Cir. 2020).
“(quoting Ala. Code § 13A-7-1(2)). We noted that several items listed in the definition of “building” fell outside of the “building or structure” element of 3 The elements of generic burglary under the ACCA are (1) “an unlawful or unprivileged entry into, or remaining in,” (2) “a…”
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988).
· cites it 2× “' Ala.Code 1975, § 13A-7-1(4). `A person who is licensed or privileged to enter premises cannot, therefore, commit criminal trespass or burglary under the proposal.”
— Ala. Code § 13A-7-1(1) — 2 cases
— Ala. Code § 13A-7-1(2) — 18 cases
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
“3d at 1348 (alteration in original) (quoting Ala. Code § 13A-7-1(2) (1979)). According to the statutory definition in force at the time, “structure .”
United States v. Frank M. Howard, 742 F.3d 1334 (11th Cir. 2014).
“” Ala.Code § 13A-7-1(2). The statute specifies that the term “structure” in the definition of building “includes any vehicle, aircraft or watercraft used for the lodging of persons or carrying on business therein,” and that the “term includes any railroad box car or other rail…”
United States v. Nathan E. Gundy, 842 F.3d 1156 (11th Cir. 2016).
““Instead, Alabama Code § 13A-7-1(2) provides one definition of building and then includes a non- exhaustive list of things that fall under that definition.”
United States v. Najee Oliver, 962 F.3d 1311 (11th Cir. 2020).
“(quoting Ala. Code § 13A-7-1(2)). We noted that several items listed in the definition of “building” fell outside of the “building or structure” element of 3 The elements of generic burglary under the ACCA are (1) “an unlawful or unprivileged entry into, or remaining in,” (2) “a…”
— Ala. Code § 13A-7-1(3) — 6 cases
— Ala. Code § 13A-7-1(4) — 7 cases
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001).
“" "A person `enters or remains unlawfully' in or upon premises when he is not licensed, invited or privileged to do so." § 13A-7-1(4). The "unlawful remaining" prong of Alabama's burglary statute "cover[s] cases where a person enters with license or privilege but remains after…”
Davis v. State, 737 So. 2d 480 (Ala. 1999).
“" Ala.Code 1975, § 13A-7-1 Commentary. The Court of Criminal Appeals expressed a reluctance to follow Ex parte Gentry, supra : "The Supreme Court's stated intention in Gentry was to prevent conviction for a capital murder committed during the course of a burglary based on the…”
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988).
“' Ala.Code 1975, § 13A-7-1(4). `A person who is licensed or privileged to enter premises cannot, therefore, commit criminal trespass or burglary under the proposal.”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996).
“" Commentary, § 13A-7-1, Ala. Code 1975. Gentry had Hill's consent to enter her apartment at any time, and he lawfully possessed a set of keys to her apartment.”
— Ala. Code § 13A-7-1(5) — 1 case
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