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 zoned 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 device that accepts electronic or physical currency and that is used to conduct commercial transactions, 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.
Notes of Decisions
State of Arizona v. Joann Bon, 338 P.3d 989 (Ariz. Ct. App. 2014).
· cites it 17× “The trial court sentenced her as described above, and this appeal followed.”
State v. Hinden, 233 P.3d 621 (Ariz. Ct. App. 2010).
· cites it 12× “We refer to the current version of the statute, as the changes to § 13-1501 since the date of Hinden's offense do not affect our analysis.”
State v. Zinsmeyer, 218 P.3d 1069 (Ariz. Ct. App. 2009).
· cites it 12× “And the definition of “[ejnter or remain unlawfully” in § 13-1501(2) is clearly focused on the unauthorized nature of the act of entering or remaining in a particular place, whereas the various statutory definitions of residential and nonresidential “strueture[sj” in §…”
State v. Decker, 365 P.3d 954 (Ariz. Ct. App. 2016).
· cites it 6× “Moreover, Arizona’s burglary statutes previously restricted entry-by-instrument to only “an instrument or weapon held in [the] hand,” A.”
State v. Gill, 333 P.3d 36 (Ariz. Ct. App. 2014).
· cites it 19× “The issue presented is whether a mailbox is a “nonresidential structure” as defined in AR.S. § 13-1501(10) and (12) for purposes of third-degree burglary.”
State v. Hamblin, 176 P.3d 49 (Ariz. Ct. App. 2008).
· cites it 8× “When the legislature added subsection (A)(2) to § 13-1506 in 2003, it also added definitions of “manipulation key” and “master key” to § 13-1501 and expanded the crime of possessing burglary tools, defined in A.”
State v. Cotten, 263 P.3d 654 (Ariz. Ct. App. 2011).
· cites it 6× “” A.R.S. § 13-1501(10). ¶ 20 Compared to the Arizona burglary statute, the California burglary statute under which defendant was convicted in 2003 does not refer generally to “residential” or “nonresidential structures.”
United States v. Stitt, 586 U.S. 27 (2018).
“900(b)(3) (1989) (effective 1978); Ariz. Rev. Stat. Ann. §§ 13-1501 (7)-(8), 13-1507, 13-1508 (1978); Ark.”
State v. Barr, 904 P.2d 1258 (Ariz. Ct. App. 1995).
· cites it 6× “See A.R.S. § 13-1501(1) (Supp. 1994). The amendments, however, affect neither the analysis nor resolution of this case.”
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
“, Ariz. Rev. Stat. § 13-1501 (defining “structure,” for purpose of Arizona Criminal Trespass and Burglary laws, as “any device that accepts electronic or physical currency and that is used to conduct commercial transactions [e.”
— Ariz. Rev. Stat. § 13-1501(1) — 7 cases
State v. Barr, 904 P.2d 1258 (Ariz. Ct. App. 1995).
“See A.R.S. § 13-1501(1) (Supp. 1994). The amendments, however, affect neither the analysis nor resolution of this case.”
— Ariz. Rev. Stat. § 13-1501(10) — 10 cases
State v. Gill, 333 P.3d 36 (Ariz. Ct. App. 2014).
“The issue presented is whether a mailbox is a “nonresidential structure” as defined in AR.S. § 13-1501(10) and (12) for purposes of third-degree burglary.”
State v. Cotten, 263 P.3d 654 (Ariz. Ct. App. 2011).
“” A.R.S. § 13-1501(10). ¶ 20 Compared to the Arizona burglary statute, the California burglary statute under which defendant was convicted in 2003 does not refer generally to “residential” or “nonresidential structures.”
State v. Zinsmeyer, 218 P.3d 1069 (Ariz. Ct. App. 2009).
“And the definition of “[ejnter or remain unlawfully” in § 13-1501(2) is clearly focused on the unauthorized nature of the act of entering or remaining in a particular place, whereas the various statutory definitions of residential and nonresidential “strueture[sj” in §…”
— Ariz. Rev. Stat. § 13-1501(11) — 7 cases
State v. Cotten, 263 P.3d 654 (Ariz. Ct. App. 2011).
“” A.R.S. § 13-1501(10). ¶ 20 Compared to the Arizona burglary statute, the California burglary statute under which defendant was convicted in 2003 does not refer generally to “residential” or “nonresidential structures.”
— Ariz. Rev. Stat. § 13-1501(12) — 15 cases
State v. Zinsmeyer, 218 P.3d 1069 (Ariz. Ct. App. 2009).
“And the definition of “[ejnter or remain unlawfully” in § 13-1501(2) is clearly focused on the unauthorized nature of the act of entering or remaining in a particular place, whereas the various statutory definitions of residential and nonresidential “strueture[sj” in §…”
State v. Hamblin, 176 P.3d 49 (Ariz. Ct. App. 2008).
“When the legislature added subsection (A)(2) to § 13-1506 in 2003, it also added definitions of “manipulation key” and “master key” to § 13-1501 and expanded the crime of possessing burglary tools, defined in A.”
State v. Gill, 333 P.3d 36 (Ariz. Ct. App. 2014).
“The issue presented is whether a mailbox is a “nonresidential structure” as defined in AR.S. § 13-1501(10) and (12) for purposes of third-degree burglary.”
State v. Cotten, 263 P.3d 654 (Ariz. Ct. App. 2011).
“” A.R.S. § 13-1501(10). ¶ 20 Compared to the Arizona burglary statute, the California burglary statute under which defendant was convicted in 2003 does not refer generally to “residential” or “nonresidential structures.”
— Ariz. Rev. Stat. § 13-1501(2) — 17 cases
State v. Zinsmeyer, 218 P.3d 1069 (Ariz. Ct. App. 2009).
“And the definition of “[ejnter or remain unlawfully” in § 13-1501(2) is clearly focused on the unauthorized nature of the act of entering or remaining in a particular place, whereas the various statutory definitions of residential and nonresidential “strueture[sj” in §…”
State v. Decker, 365 P.3d 954 (Ariz. Ct. App. 2016).
“Moreover, Arizona’s burglary statutes previously restricted entry-by-instrument to only “an instrument or weapon held in [the] hand,” A.”
— Ariz. Rev. Stat. § 13-1501(3) — 4 cases
State v. Decker, 365 P.3d 954 (Ariz. Ct. App. 2016).
“Moreover, Arizona’s burglary statutes previously restricted entry-by-instrument to only “an instrument or weapon held in [the] hand,” A.”
— Ariz. Rev. Stat. § 13-1501(4) — 4 cases
State v. Hinden, 233 P.3d 621 (Ariz. Ct. App. 2010).
“We refer to the current version of the statute, as the changes to § 13-1501 since the date of Hinden's offense do not affect our analysis.”
— Ariz. Rev. Stat. § 13-1501(5) — 2 cases
— Ariz. Rev. Stat. § 13-1501(6) — 1 case
— Ariz. Rev. Stat. § 13-1501(7) — 8 cases
— Ariz. Rev. Stat. § 13-1501(7)(1995) — 1 case
— Ariz. Rev. Stat. § 13-1501(8) — 6 cases
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