§ 39-14-401. Definitions for Burglary and Related Offenses

As used in this part, unless the context otherwise requires:

1. “Habitation”:

   1. Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
   2. Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
   3. Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
2. “Occupied” means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
3. “Owner” means a person in lawful possession of property whether the possession is actual or constructive. “Owner” does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.