Also known as:structures · corporate structure · legal structure
Written by attorneys · grounded in primary & secondary sources — see below
A construction composed of parts joined together for a particular purpose.
Sources & Authorities
How it applies
Common Examples
6
Arm Insertion During Break-In
Serena Soto forced a window open at Sasha Stone's cabin and slid her arm inside to unlock the door. The brief presence of her arm within the cabin met the entry requirement even though she withdrew it moments later.
Entry Into Occupied Store
Samantha Stone entered Southland Foods after hours through an unlocked rear door to take cash from the register. Because the store was closed to the public and she lacked permission, the entry supported a burglary charge.
Abandoned Shed Left On Land
Sylvia Santos's predecessor had placed a storage shed on Selena Singh's vacant lot years earlier. When Sylvia acquired the shed and left it in place after permission ended, the continued presence constituted a trespass.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Regular Sleeping Use Of Cabin
Sydney Santos stayed overnight in her lake cabin every weekend throughout the year. The cabin remained a dwelling even during a two-week business trip because regular sleeping use continued.
Fire Set To Rival's Warehouse
Sentinel Security employees deliberately ignited a fire inside Sapphire Technologies' empty warehouse to destroy evidence. The act targeted a building of another and satisfied the arson element of destroying a structure.
Tortiously Placed Billboard
Solstice Ventures erected a large billboard on land it knew belonged to another party. The continued presence of the structure after the company learned of the trespass supported liability even though removal would be costly.
Common questions
Frequently Asked
5
When does insertion of a tool count as entry into a structure?+
Insertion of a tool counts as entry only when the defendant uses the tool to commit the felony inside the structure rather than solely to gain access.
Supporting sources
What qualifies a structure as a dwelling?+
A structure qualifies as a dwelling when someone uses it regularly for sleeping. Temporary absence by occupants does not remove that character.
Supporting sources
Can an owner burglarize a building the owner still owns?+
An owner can commit burglary of the owner's own building when tenants occupy it and use it as their dwelling.
Supporting sources
Does abandonment provide a defense to burglary?+
Abandonment of the building or structure is an affirmative defense to burglary under the Model Penal Code.
Supporting sources
When does continued presence of a structure become a trespass?+
Continued presence becomes a trespass when the actor or a predecessor tortiously placed the structure on the land and fails to remove it after any privilege ends.
Supporting sources
376 U.S. 254 (1964)Remedies
…Constitution created a form of government under which "The people, not the government, possess the absolute sovereignty." The structure of the government dispersed power in reflection of the people's distrust of concentrated power, and of power itself at all levels. This form of government was "altogether different" from…