South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 170

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.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 15 years;

            (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.

        (3)         In this section—

"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.

Note—

1         See section 5AA.