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Section 59 Criminal Trespass and Trespass , Definition; Affirmative Defense <br /> 1 . "Enter or remain unlawfully" as used in Sections 57 and <br /> 58 of Article 7 of this Code shall mean an unlicensed, un- <br /> invited or otherwise unprivileged entry into or remaining <br /> in or upon premises . A person who, regardless of intent, <br /> enters or remains in or upon premises which are at the <br /> time open to the public does so with license and privilege <br /> unless he or she defies a lawful order not to enter or remain , <br /> personally communicated to him or her by the owner of the <br /> premises or some other authorized person. A license or <br /> privilege to enter or remain in a public building which is <br /> only partly open to the public is not a license or privilege <br /> to enter or remain in that part of the building which is not <br /> open to the public. A person who enters or remains in an <br /> apparently unused building or unused land which is neither <br /> fenced nor otherwise enclosed in a manner designed to ex- <br /> clude intruders , does so with license and privilege unless <br /> notice against trespass is personally communicated to him <br /> or her by the owner of the land or building or some other <br /> authorized person , or unless notice is given by posting in <br /> a conspicuous manner . <br /> 2. In any prosecution under Sections 57 or 58 of Article 7 of <br /> this Code , it is an affirmative defense that the defendant <br /> reasonably believed that: <br /> a. the premises involved at the time were open to <br /> members of the public and the defendant complied <br /> with all lawful conditions imposed on access or <br /> remaining on the premises; or <br /> b. the owner of the premises , or other person <br /> empowered to license access thereto , would <br /> have licensed him to enter or remain . <br />