The following definitions apply in this chapter unless the context otherwise requires:
(1) "Building," in addition to its ordinary meaning, means any structure, vehicle,
watercraft or aircraft:
(a) Where any person lives; or
(b) Where people assemble for purposes of business, government, education,
religion, entertainment or public transportation.
Each unit of a building consisting of two (2) or more units separately secured or
occupied is a separate building.
(2) "Dwelling" means a building which is usually occupied by a person lodging therein.
(3) "Premises" includes the term "building" as defined herein and any real property.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 376, sec. 1, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 406, sec. 96, effective January 1, 1975.
Notes of Decisions
Cited in
37
cases (
2 in the last 5 years), 1978–2024 · leading case:
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
· cites it 32× “The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992).
· cites it 16× “020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment…”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
· cites it 8× “) KRS 511.010(1) defines a "building" as follows: "Building," in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft; (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion,…”
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
· cites it 4× “It is clear that the common law, regardless of continent or century, did not consider a tent as a dwelling that could be the subject of burglary.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005).
· cites it 2× “"Dwelling" and "building" are defined in KRS 511.010 as follows: (1) "Building," in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education,…”
Shepherd v. Krueger, 911 F.3d 861 (7th Cir. 2018).
“Ky. Rev. Stat. Ann. § 511.010 . In United States v.”
Litton v. Commonwealth, 597 S.W.2d 616 (Ky. 1980).
· cites it 4× “The 1971 commentary to the penal code reveals the attitude of the Legislature toward burglary: "The crime must be committed in a `building', defined in KRS 511.010(1) in such a way as to include all structures in which people lodge, work, or otherwise conduct business.”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019).
“§§ 21-3715 , 21-3716 (1983); Ky. Rev. Stat. §§ 511.010, 511.020, 511.030, 511.”
People v. Sparks, 47 P.3d 289 (Cal. 2002).
“11, §222 (1); Ky. Rev. Stat. Ann. § 511.010 (1); Mo. Rev.”
— Ky. Rev. Stat. § 511.010(1) — 18 cases
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
“) KRS 511.010(1) defines a "building" as follows: "Building," in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft; (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion,…”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992).
“020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment…”
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
“It is clear that the common law, regardless of continent or century, did not consider a tent as a dwelling that could be the subject of burglary.”
Litton v. Commonwealth, 597 S.W.2d 616 (Ky. 1980).
“The 1971 commentary to the penal code reveals the attitude of the Legislature toward burglary: "The crime must be committed in a `building', defined in KRS 511.010(1) in such a way as to include all structures in which people lodge, work, or otherwise conduct business.”
— Ky. Rev. Stat. § 511.010(1)(a) — 1 case
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
— Ky. Rev. Stat. § 511.010(2) — 20 cases
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
“It is clear that the common law, regardless of continent or century, did not consider a tent as a dwelling that could be the subject of burglary.”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992).
“020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment…”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
“) KRS 511.010(1) defines a "building" as follows: "Building," in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft; (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion,…”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
— Ky. Rev. Stat. § 511.010(3) — 3 cases
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
— Ky. Rev. Stat. § 511.010(8) — 1 case
— Ky. Rev. Stat. § 511.010(B) — 1 case
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
— Ky. Rev. Stat. § 511.010(l)(a) — 3 cases
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“The protected area is described as "premises," which is defined in KRS 511.010 to include "dwellings," "other buildings," and "any real property.”
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