Kentucky

Criminal, burglary, structures addressed -- DANIEL KISER v. COM. OF KENTUCKY (COA 11/26/2008)

By Michael Stevens

DANIEL KISER v. COM. OF KENTUCKY
CRIMINAL:  Burglary
2008-CA-000200
PUBLISHED: REVERSING AND REMANDING
PANEL: VANMETER PRESIDING; MOORE, TAYLOR CONCUR
JEFFERSON COUNTY
DATE RENDERED: 11/26/2008

CA reversed Kiser's conviction for burglary in the Jefferson Circuit Court. The sole question on appeal is whether the zoo qualifies as a ?structure? under the statutory definition of burglary in the third-degree. Pursuant to Kentucky Revised Statutes (KRS) 511.040(1), one is guilty of third-degree burglary when, ?with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.? KRS 511.010(1) defines ?building? as including: in addition to its ordinary meaning . . . any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation. Each unit of a building consisting of two (2) or more units separately secured or occupied is a separate building.

It is clear that all ?buildings? are ?premises? under KRS 511.010(3), but not all ?premises? are ?buildings.? The zoo, as a fenced-in area of land, provides a perfect example of a premises that is not a building. More specifically, it is a premises ?as to which notice against trespass is given by fencing[.]?

Digested by Scott C. Byrd www.olginandbyrd.com

Full post as published by Kentucky Cases on December 29, 2008 (boomark / email).