28-520. Criminal trespass, first degree; penalty.
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/ne/chapter-28/28-520A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person commits first degree criminal trespass if:
(a)He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or
(b)He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility.
(2)First degree criminal trespass is a Class I misdemeanor.
(3)For purposes of this section, public power infrastructure facility means a power plant, an electrical station or substation, or any other facility which is used by a public power supplier as defined in section 70-2103 to support the generation, transmission, or distribution of electricity and which is surrounded by a fence or is otherwise enclosed.
The plain language of "knowing" in subdivision (1)(a) of this section, in the context of entering any building or occupied structure "knowing that he or she is not licensed or privileged to do so," imposes a subjective standard focused on the accused's actual knowledge. State v. Stanko, 304 Neb. 675, 936 N.W.2d 353 (2019).
Criminal trespass in violation of subsection
(1)of this section is not a lesser-included offense of burglary as defined in section 28-507(1). State v. Gonzales, 218 Neb. 43, 352 N.W.2d 571 (1984).
Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).