569.010. Chapter definitions. — As used in this chapter the following terms mean:
(1) "Cave or cavern", any naturally occurring subterranean cavity enterable by a person including, without limitation, a pit, pothole, natural well, grotto, and tunnel, whether or not the opening has a natural entrance;
(2) "Enter unlawfully or remain unlawfully", a person enters or remains in or upon premises when he or she is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of such premises or by other authorized person. A license or privilege to enter or remain in a building which is only 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;
(3) "Nuclear power plant", a power generating facility that produces electricity by means of a nuclear reactor owned by a utility or a consortium utility. Nuclear power plant shall be limited to property within the structure or fenced yard, as defined in section 563.011;
(4) "Teller machine", an automated teller machine (ATM) or interactive teller machine (ITM) is a remote computer terminal owned or controlled by a financial institution or a private business that allows individuals to obtain financial services including obtaining cash, transferring or transmitting money or digital currencies, payment of bills, or loading money or digital currency to a payment card or other device without physical in-person assistance from another person. "Teller machine" does not include personally owned electronic devices used to access financial services;
(5) "To tamper", to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing;
(6) "Utility", an enterprise which provides gas, electric, steam, water, sewage disposal, or communication, video, internet, or voice over internet protocol services, and any common carrier. It may be either publicly or privately owned or operated.
Notes of Decisions
Cited in
194
cases (
8 in the last 5 years), 1979–2024 · leading case:
State v. Stewart, 560 S.W.3d 531 (Mo. 2018).
State v. Stewart, 560 S.W.3d 531 (Mo. 2018).
· cites it 6× “" Both statutes apply, without limitation, to "a person," and neither statute immunizes those with a property interest in the premises from criminal liability for burglary.”
State v. Naylor, 510 S.W.3d 855 (Mo. 2017).
· cites it 6× “The court found that the garage did not qualify as part of the home’s inhabitable structure under section 569.010(2). Id. at 209 . The garage the defendant entered was attached to the home’s structure; but the garage and the home’s living space were not connected by an interior…”
State of Missouri v. Justin Floyd Eugene Jones, 479 S.W.3d 100 (Mo. 2016).
· cites it 6× “] See § 569.010(8) (defining the phrase “Enter unlawfully or remain unlawfully" to mean that “enters or remains in or upon premises when he or she is not licensed or privileged to do so”) (emphasis added).”
State v. Brown, 558 S.W.3d 105 (Mo. Ct. App. 2018).
· cites it 10× “5 Section 569.010(1) provides in pertinent part: *111 [A] person 'forcibly steals', and thereby commits robbery, when, in the course of stealing .”
State v. Harney, 51 S.W.3d 519 (Mo. Ct. App. 2001).
· cites it 13× “030, is defined in § 569.010(1): [A] person “forcibly steals”, and thereby commits robbery, when, in the course of stealing, as defined in section 570.”
United States v. Hosea Swopes, 886 F.3d 668 (8th Cir. 2018).
· cites it 4× “] Mo. Rev. Stat. § 569.010 (1) (1979).3 The ACCA defines “violent felony” to include an offense that “has as an element the use, attempted use, or threatened use of physical force against the person of another[.”
State of Missouri v. Gary Leland Coleman, 463 S.W.3d 353 (Mo. 2015).
· cites it 12× “Section 569.010(1). Therefore, to support a second-degree robbery conviction, there must be evidence establishing beyond a reasonable doubt that the defendant used physical force or threatened someone with the immediate use of physical force to accomplish the theft.”
State v. Washington, 92 S.W.3d 205 (Mo. Ct. App. 2002).
· cites it 13× “Section 569.010 does not define the term "building.”
State v. Bowman, 311 S.W.3d 341 (Mo. Ct. App. 2010).
· cites it 14× “Section 569.010 lists the definitions for section 569.”
United States v. Iyaun Bell, 840 F.3d 963 (8th Cir. 2016).
· cites it 3× “" Mo. Rev. Stat. § 569.010 (1).1 Accordingly, Missouri courts have identified § 569.”
State v. Betts, 646 S.W.2d 94 (Mo. 1983).
· cites it 6× “Section 569.010(2), RSMo 1978. And it is readily apparent that where the evidence pointed to a house actually inhabited at the time of the incident, the meaning of "inhabitable structure" was common and readily understood.”
State v. Murray, 630 S.W.2d 577 (Mo. 1982).
· cites it 7× “Inhabitable structure as defined in the Criminal Code, § 569.010(2), RSMo 1978, includes a ship, trailer, sleeping ear, airplane, or other vehicle or structure: (a) Where any person lives or carries on business or other calling; .”
— Mo. Rev. Stat. § 569.010(1) — 60 cases
State of Missouri v. Gary Leland Coleman, 463 S.W.3d 353 (Mo. 2015).
“Section 569.010(1). Therefore, to support a second-degree robbery conviction, there must be evidence establishing beyond a reasonable doubt that the defendant used physical force or threatened someone with the immediate use of physical force to accomplish the theft.”
State v. Brown, 558 S.W.3d 105 (Mo. Ct. App. 2018).
“5 Section 569.010(1) provides in pertinent part: *111 [A] person 'forcibly steals', and thereby commits robbery, when, in the course of stealing .”
State v. Harney, 51 S.W.3d 519 (Mo. Ct. App. 2001).
“030, is defined in § 569.010(1): [A] person “forcibly steals”, and thereby commits robbery, when, in the course of stealing, as defined in section 570.”
— Mo. Rev. Stat. § 569.010(1)(a) — 4 cases
State v. Brown, 558 S.W.3d 105 (Mo. Ct. App. 2018).
“5 Section 569.010(1) provides in pertinent part: *111 [A] person 'forcibly steals', and thereby commits robbery, when, in the course of stealing .”
— Mo. Rev. Stat. § 569.010(2) — 19 cases
State v. Betts, 646 S.W.2d 94 (Mo. 1983).
“Section 569.010(2), RSMo 1978. And it is readily apparent that where the evidence pointed to a house actually inhabited at the time of the incident, the meaning of "inhabitable structure" was common and readily understood.”
State v. Washington, 92 S.W.3d 205 (Mo. Ct. App. 2002).
“Section 569.010 does not define the term "building.”
State v. Murray, 630 S.W.2d 577 (Mo. 1982).
“Inhabitable structure as defined in the Criminal Code, § 569.010(2), RSMo 1978, includes a ship, trailer, sleeping ear, airplane, or other vehicle or structure: (a) Where any person lives or carries on business or other calling; .”
State v. Naylor, 510 S.W.3d 855 (Mo. 2017).
“The court found that the garage did not qualify as part of the home’s inhabitable structure under section 569.010(2). Id. at 209 . The garage the defendant entered was attached to the home’s structure; but the garage and the home’s living space were not connected by an interior…”
— Mo. Rev. Stat. § 569.010(2)(a) — 6 cases
State v. Murray, 630 S.W.2d 577 (Mo. 1982).
“Inhabitable structure as defined in the Criminal Code, § 569.010(2), RSMo 1978, includes a ship, trailer, sleeping ear, airplane, or other vehicle or structure: (a) Where any person lives or carries on business or other calling; .”
State v. Washington, 92 S.W.3d 205 (Mo. Ct. App. 2002).
“Section 569.010 does not define the term "building.”
— Mo. Rev. Stat. § 569.010(2)(c) — 4 cases
— Mo. Rev. Stat. § 569.010(3) — 3 cases
— Mo. Rev. Stat. § 569.010(4) — 3 cases
State v. Bowman, 311 S.W.3d 341 (Mo. Ct. App. 2010).
“Section 569.010 lists the definitions for section 569.”
— Mo. Rev. Stat. § 569.010(7) — 6 cases
— Mo. Rev. Stat. § 569.010(8) — 33 cases
State of Missouri v. Justin Floyd Eugene Jones, 479 S.W.3d 100 (Mo. 2016).
“] See § 569.010(8) (defining the phrase “Enter unlawfully or remain unlawfully" to mean that “enters or remains in or upon premises when he or she is not licensed or privileged to do so”) (emphasis added).”
State v. Stewart, 560 S.W.3d 531 (Mo. 2018).
“" Both statutes apply, without limitation, to "a person," and neither statute immunizes those with a property interest in the premises from criminal liability for burglary.”
State v. Naylor, 510 S.W.3d 855 (Mo. 2017).
“The court found that the garage did not qualify as part of the home’s inhabitable structure under section 569.010(2). Id. at 209 . The garage the defendant entered was attached to the home’s structure; but the garage and the home’s living space were not connected by an interior…”
— Mo. Rev. Stat. § 569.010(l) — 1 case
— Mo. Rev. Stat. § 569.010(l)(a) — 10 cases
State v. Harney, 51 S.W.3d 519 (Mo. Ct. App. 2001).
“030, is defined in § 569.010(1): [A] person “forcibly steals”, and thereby commits robbery, when, in the course of stealing, as defined in section 570.”
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