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    BURGLARY IN THE SECOND DEGREE
    164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.
          (2) Burglary in the second degree is a Class C felony.


    As used in ORS 164.205 to 164.270, except as the context requires otherwise: (1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
    (2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
    (3) “Enter or remain unlawfully” means:
    (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public [or]
    and when the entrant is not otherwise licensed or privileged to do so;
    (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
    (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
    (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.
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