Criminal Code Act 1983

(b) engages in the conduct mentioned in paragraph (a) with the intention of committing an indictable offence or an offence against section 188(1) in the building; and

(c) is a trespasser and the person is reckless in relation to that circumstance.

Maximum penalty: Imprisonment for 14 years.

Note for subsection (1)

If the circumstances of aggravation in section 222(1) apply to the offence, the maximum penalty is the maximum penalty under section 222(2) or (3).

(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).

(3) For this section, a person is not a trespasser merely because the person is permitted to enter or remain in the building:

(b) as a result of fraud, misrepresentation or another person's mistake.