ARTICLE 3 - BURGLARY AND CRIMINAL INTRUSION
 
6-3-301.  Burglary; aggravated burglary; penalties.
 
(a)  A person is guilty of burglary if, without authority, he enters or remains in a building, occupied structure or vehicle, or separately secured or occupied portion thereof, with intent to commit theft or a felony therein.
 
(b)  Except as provided in subsection (c) of this section, burglary is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
 
(c)  Aggravated burglary is a felony punishable by imprisonment for not less than five (5) years nor more than twenty-five (25) years, a fine of not more than fifty thousand dollars ($50,000.00), or both, if, in the course of committing the crime of burglary, the person:
 
(i)  Is or becomes armed with or uses a deadly weapon or a simulated deadly weapon;
 
(ii)  Knowingly or recklessly inflicts bodily injury on anyone; or
 
(iii)  Attempts to inflict bodily injury on anyone.
 
(d)  As used in this section "in the course of committing the crime" includes the time during which an attempt to commit the crime or in which flight after the attempt or commission occurred.
 
6-3-302.  Criminal entry; penalties; affirmative defenses.
 
(a)  A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.
 
(b)  It is an affirmative defense to prosecution under this section that:
 
(i)  The entry was made because of a mistake of fact or to preserve life or property in an emergency;
 
(ii)  The enclosure was abandoned;
 
(iii)  The enclosure was at the time open to the public and the person complied with all lawful conditions imposed on access to or remaining in the enclosure; or
 
(iv)  The person reasonably believed that the owner of the enclosure, or other person empowered to license access to the enclosure, would have authorized him to enter.
 
(c)  Criminal entry is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
 
6-3-303.  Criminal trespass; penalties.
 
(a)  A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by:
 
(i)  Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or
 
(ii)  Posting of signs reasonably likely to come to the attention of intruders.
 
(b)  Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
 
(c)  This section does not supersede W.S. 1-21-1003.
 
6-3-304.  Possession of burglar's tools; penalties.
 
(a)  A person is guilty of possession of burglar's tools if he possesses an explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of a crime involving forcible entry into buildings or occupied structures with intent to use the article possessed in the commission of such a crime.
 
(b)  Possession of burglar's tools is a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000.00), or both.
 
6-3-305.  Breaking, opening or entering of coin machine with intent to commit theft; penalties.
 
A person is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he breaks, opens or enters a coin machine with intent to commit theft.
 
6-3-306.  Forcible entry or detainer; penalty.
 
A person is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), if he violently takes or keeps possession of land without authority of law.
 
6-3-307.  Unlawful entry into an occupied structure; penalty.
 
(a)  A person is guilty of unlawful entry into an occupied structure if, without authority, he enters or remains in an occupied structure and attempts to commit or commits battery as defined in W.S. 6-2-501 or domestic battery as defined in W.S. 6-2-511.
 
(b)  Unlawful entry into an occupied structure is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
 
(c)  As used in this section:
 
(i)  "Occupied structure" means a structure, other than a vehicle, whether or not a person is actually present:
 
(A)  Where any person lives; or
 
(B)  Which is used for overnight accommodation or overnight shelter of persons.