Criminal, burglary, structures addressed — DANIEL KISER v. COM. OF KENTUCKY (COA 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[.]”