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1. Your country/state?
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Stephanie O. Joy, JA Legal Expert
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As you have imagined, if someone does not have permission to enter your property (either that owned or rented), doing so can constituted trespass, breaking and entering, etc., depending on the circumstances. A key for emergencies only means a key for emergencies, not unlimited permission. Of course, proving the lack of permission is more difficult when there is a key, but that is a different story. For instance, if someone has an email or texting conversation where is is clear that there is no permission to enter, yet the person enters anyway, with the key, the proof may be quite simple.Here are some charging statutes for you in the AZ criminal code.
Arizona Revised Statutes §13-1502 Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
B. Criminal trespass in the third degree is a class 3 misdemeanor.
Arizona Revised Statutes §13-1504 Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.
Now if there is an INTENT to commit a crime inside, now we can be talking burglary:
Arizona Revised Statutes §13-1506 Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.
Arizona Revised Statutes §13-1507 Burglary in the second degree; classification
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.
Hope this helps to clarify.
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