First Degree
- (a) A person commits the crime of burglary in the first degree if he knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in 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.
- (b) Burglary in the first degree is a Class A felony.
Second Degree
- (a) A person commits the crime of burglary in the second degree if he knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building 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.
- (b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.
- (c) Burglary in the second degree is a Class B felony.
Third Degree
- (a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
- (b) Burglary in the third degree is a Class C felony.
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