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Burglary

§ 140.20 Burglary in the third degree

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class D felony.

§ 140.25 Burglary in the second degree

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

  1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
    • Is armed with explosives or a deadly weapon; or
    • Causes physical injury to any person who is not a participant in the crime; or 
    • Uses or threatens the immediate use of a dangerous instrument; or 
    • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearms; or 
  2. The building is a dwelling.

Burglary in the second degree is a class C felony.

§ 140.30 Burglary in the first degree

A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

  1. Is armed with explosives or a deadly weapon; or
  2. Causes physical injury to any person who is not a participant in the crime; or 
  3. Uses or threatens the immediate use of a dangerous instrument; or 
  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime. 

Burglary in the first degree is a class B felony.

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