Part 6ASerious criminal trespass

Part 6A—Serious criminal trespass 167—Sacrilege (a) breaks and enters a place of divine worship and commits an offence to which this section applies1 in that place; or (b) breaks out of a place of divine worship after committing an offence to which this section applies1 in that place, is guilty of sacrilege and liable to be imprisoned for life. 1 ie theft or an offence of which theft is an element; an offence against the person; or an offence involving interference with, damage to, or destruction of, property punishable by imprisonment for 3 years or more. 168—Serious criminal trespass (1) For the purposes of this Act, a person commits a serious criminal trespass if the person enters or remains in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence to which this section applies1. (2) A place is to be regarded as open to the public if the public is admitted even though— (a) a charge is made for admission; or (b) the occupier limits the purposes for which a person may enter or remain in the place by express or implied terms of a public invitation. (3) A person who enters or remains in a place with the consent of the occupier is not to be regarded as a trespasser unless that consent was obtained by— (a) force; or (b) a threat; or (c) an act of deception. (4) A reference in this section to the occupier of a place extends to any person entitled to control access to the place. 1 ie theft or an offence of which theft is an element; an offence against the person; or an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more. 169—Serious criminal trespass—non-residential buildings (1) A person who commits a serious criminal trespass in a non-residential building is guilty of an offence. (b) for an aggravated offence—imprisonment for 20 years. non-residential building means a building or part of a building that is not a place of residence. 170—Serious criminal trespass—places of residence (1) A person who commits a serious criminal trespass in a place of residence is guilty of an offence. (b) for an aggravated offence—imprisonment for life. (2) A person who commits a serious criminal trespass in a place of residence is guilty of an aggravated offence if— (a) any of the factors that generally give rise to aggravation of an offence are applicable;1 or (b) another person is lawfully present in the place of residence when the offence is committed and the offender knows of the other's presence or is reckless about whether anyone is in the place. place of residence means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence. 1 See section 5AA. 170A—Criminal trespass—places of residence (1) A person who trespasses in a place of residence is guilty of an offence if another person is lawfully present in the place and the person knows of the other's presence or is reckless about whether anyone is in the place. (b) for an aggravated offence—imprisonment for 5 years. place of residence means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence.