Entering building with intention to commit offence
220 Entering building with intention to commit offence
A person commits an offence if the person:
enters or remains in a building; and
(b) engages in the conduct mentioned in paragraph (a) with the intention of committing an offence, other than an offence against the Trespass Act 2023, in the building; and
(c) is a trespasser and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 4 years.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) In a prosecution for an offence against subsection (1), proof of subsection (1)(a) and (c) is evidence of the fault element in subsection (1)(b).
(4) For this section, a person is not a trespasser merely because the person is permitted to enter or remain in the building:
for a purpose that is not the person's intended purpose; or
(b) as a result of fraud, misrepresentation or another person's mistake.
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