§ 38-123. Breaking and entering or entering without permission.

(a)

It shall be unlawful for any person to break and enter, or to enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the outbuildings belonging thereto, or any other structure whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent or person having immediate control thereof. This section shall not apply to entering without breaking any place which at the time of such entry was open to the public, unless such entry has been expressly denied.

(b)

This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or someone under a peace officer's direction in the lawful performance of his duties as such peace officer.

State law reference

Similar provisions, MCL 750.115, MSA 28.310.