Section 11.46.350. Definition; privilege to enter or remain on unimproved land.

   (a) As used in AS 11.46.300 - 11.46.350, unless the context requires otherwise, "enter or remain unlawfully" means to
        (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to do so;
        (2) fail to leave premises or a propelled vehicle that is open to the public after being lawfully directed to do so personally by the person in charge; or
        (3) enter or remain upon premises or in a propelled vehicle in violation of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020.
   (b) For purposes of this section, a person who, without intent to commit a crime on the land, enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, is privileged to do so unless
        (1) notice against trespass is personally communicated to that person by the owner of the land or some other authorized person; or
        (2) notice against trespass is given by posting in a reasonably conspicuous manner under the circumstances.
   (c)    [Repealed, Sec. 1 ch 48 SLA 2014]. 

Notes

History

(Sec. 4 ch 166 SLA 1978; am Sec. 9 ch 61 SLA 1982; am Sec. 4 ch 168 SLA 1988; am Sec. 4 ch 64 SLA 1996; am Sec. 1 ch 48 SLA 2014)