28-522 Criminal trespass; affirmative defenses. - Nebraska Statutes

28-522. Criminal trespass; affirmative defenses.It is an affirmative defense to prosecution under sections 28-520 and 28-521 that:(1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or(3) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain; or(4) The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to portage or otherwise transport the vessel around any fence or obstructions in such stream or river. SourceLaws 1977, LB 38, § 121. AnnotationsCriminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).Whether at the time of taking an automobile, the defendant, had the intent of permanently depriving the owner of its use or whether he intended to return it is a question of fact. State v. King, 204 Neb. 47, 281 N.W.2d 226 (1979).