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Burglary is unlawfully entering or remaining within a building with the intent to commit a crime against a person or property within the building. Intent to commit a crime against property or persons within the building can be inferred by the actor's unlawful entry into the building.
Residential Burglary
Residential Burglary is chargeable if the illegally entered building is ordinarily used for lodging. This does not include a car, motor-home, recreational vehicle or boat with sleeping quarters (see Vehicle Prowling in the First Degree). Residential Burglary is a Class B felony.
9A.56.025
Burglary in the First Degree
A person is guilty of Burglary in the First Degree when they unlawfully enter a building with the intent to commit a crime within, and, while in the building or in the immediate exit from the building, the actor or accomplice assaults any person. If no assault on a person occurs, Burglary in the first degree may still be charged if the actor or accomplice is armed with a deadly weapon. Burglary in the first degree is a Class A felony.
9A.56.020
Burglary in the Second Degree
A person commits Burglary in the second degree when they illegally enter any building with the intent to commit a crime against a person or property within the building, where no person is assaulted, and no deadly weapons are carried by the actor or any accomplice. Burglary in the second degree is a Class B felony.
9A.56.030
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