Aurora, CO asked in Criminal Law for Colorado

Q: Could an occupied structure mean a storage unit?

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Amedeo Zmarandoiu
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Answered

A: The legal definition of an "occupied structure" can vary depending on the specific statute involved, but generally, it refers to a building or space where people are present or where people could reasonably be expected to be present.

A storage unit, by its nature, is typically not considered an "occupied structure" because it is designed for the storage of goods rather than for human occupancy. However, if a storage unit were being used in a way that involves people regularly being inside it—such as if someone were living or working out of the unit—there could be an argument that it qualifies as an "occupied structure" under certain circumstances.

Whether a storage unit is considered an "occupied structure" would likely depend on the specific facts of the case, including how the storage unit is being used at the time of the incident in question.

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