Burglary
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.
The above is an excerpt (as of 05 May 2006) from Title 13A Criminal Section of The Code of Alabama 1975. This information is for reference only. For further explanation please contact Russell Crumbley's Law Office.