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Subdivision 1.Terms defined.
For purpose of sections 609.582 and 609.583, the terms defined in this section have the meanings given them.
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Subd. 2.Building.
"Building" means a structure suitable for affording shelter for human beings including any appurtenant or connected structure.
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Subd. 3.Dwelling.
"Dwelling" means a building used as a permanent or temporary residence.
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Subd. 4.Enters a building without consent.
"Enters a building without consent" means:
(a) to enter a building without the consent of the person in lawful possession;
(b) to enter a building by using artifice, trick, or misrepresentation to obtain consent to enter from the person in lawful possession; or
(c) to remain within a building without the consent of the person in lawful possession.
Whoever enters a building while open to the general public does so with consent except when consent was expressly withdrawn before entry.
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Subd. 5.Government building.
"Government building" means a building that is owned, leased, controlled, or operated by a governmental entity for a governmental purpose.
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Subd. 6.Religious establishment.
"Religious establishment" means a building used for worship services by a religious organization and clearly identified as such by a posted sign or other means.
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Subd. 7.School building.
"School building" means a public or private preschool, elementary school, middle school, secondary school, or postsecondary school building.
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Subd. 8.Historic property.
"Historic property" means any property identified as a historic site or historic place by sections 138.661 to 138.664 and clearly identified as such by a posted sign or other means.
Notes of Decisions
Cited in
39
cases, 1985–2019 · leading case:
State v. Spence, 768 N.W.2d 104 (Minn. 2009).
State v. Spence, 768 N.W.2d 104 (Minn. 2009).
· cites it 21× “See Minn.Stat. § 609.581, subd. 4(a) (2008) (defining "to enter a building without consent" under the burglary statute).”
State v. Johnson, 679 N.W.2d 378 (Minn. Ct. App. 2004).
· cites it 12× “Minn.Stat. § 609.581, subd. 4 (2002) (emphasis added).”
Quarles v. United States, 139 S. Ct. 1872 (2019).
· cites it 2× “110a(4)(a) (West 2004); Minn. Stat. §§609.581 (4), 609.582(3) (2016); Mont.”
State of Minnesota v. Daniel Joseph Devens, 852 N.W.2d 255 (Minn. 2014).
· cites it 4× “Although that definition is broad enough to include an apartment hallway, see Minn. Stat. § 609.581 , subd. 3 (2012), it is expressly limited (and tailored) to the crime of burglary.”
State v. Edwards, 589 N.W.2d 807 (Minn. Ct. App. 1999).
· cites it 7× “” Minn. Stat. § 609.581 , subd. 3 (1996). When interpreting statutes, we must ascertain and effectuate the intent of the legislature.”
State v. Lopez, 908 N.W.2d 334 (Minn. 2018).
· cites it 17× “" Minn. Stat. § 609.581 , subd. 2 (2016). Lopez argues that he did not commit burglary when he entered Z.”
State v. Jones, 921 N.W.2d 774 (Minn. Ct. App. 2018).
· cites it 6× “" Minn. Stat. § 609.581 , subd. 4(a) (2016).”
State v. Totimeh, 433 N.W.2d 921 (Minn. Ct. App. 1988).
· cites it 6× “Minn.Stat. § 609.581, subd. 4(c) (1986). Appellant’s failure to comply when told to leave several times by both T.”
State v. Davis, 656 N.W.2d 900 (Minn. Ct. App. 2003).
· cites it 2× “” Minn.Stat. § 609.581, subd. 3 (2000); CRIMJIG 18.”
State v. Hendrickson, 528 N.W.2d 263 (Minn. Ct. App. 1995).
· cites it 4× “Minn.Stat. § 609.581, subd. 3 (1992). The statutory definition does not explicitly include appurtenant structures, but the statutory definition of “building,” a term used in the definition of “dwelling,” includes “any *266 appurtenant or connected structure.”
State v. Nelson, 523 N.W.2d 667 (Minn. Ct. App. 1994).
· cites it 6× “Minn.Stat. § 609.581, subd. 4 (1992), by reference, defines “enters a budding without consent” to mean: (b) to enter a building by using artifice, trick, or misrepresentation to obtain consent to enter from the person in lawful possession; or (e) to remain within a budding…”
— Minn. Stat. § 609.581(4)(c) — 1 case
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