28-520 Criminal trespass, first degree; penalty. - Nebraska Statutes

28-520. Criminal trespass,first degree; penalty.(1) A person commits firstdegree criminal trespass if:(a) He or she enters or secretlyremains in any building or occupied structure, or any separately secured oroccupied portion thereof, knowingthat he or she is not licensed or privileged to do so; or(b) He or sheenters or remains in or on a public power infrastructure facility knowingthat he or she does not have the consent of a person who has the right togive consent to be in or on the facility.(2)First degree criminal trespass is a Class I misdemeanor.(3) For purposesof this section, public power infrastructure facility means a power plant,an electrical station or substation, or any other facility which is used bya public power supplier as defined in section 70-2103 to support the generation,transmission, or distribution of electricity and which is surrounded by afence or is otherwise enclosed. SourceLaws 1977, LB 38, § 119; Laws 2009, LB238, § 1.AnnotationsCriminal trespass in violation of subsection (1) of this section is not a lesser-included offense of burglary as defined in section 28-507(1). State v. Gonzales, 218 Neb. 43, 352 N.W.2d 571 (1984).Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).