Current through the 2024 legislative session
Section 6-3-302 - Criminal entry; penalties; affirmative defenses(a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures. (b) It is an affirmative defense to prosecution under this section that: (i) The entry was made because of a mistake of fact or to preserve life or property in an emergency; (ii) The enclosure was abandoned; (iii) The enclosure was at the time open to the public and the person complied with all lawful conditions imposed on access to or remaining in the enclosure; or (iv) The person reasonably believed that the owner of the enclosure, or other person empowered to license access to the enclosure, would have authorized him to enter. (c) Criminal entry is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.