Statute:

Burglary in the second degree

ยง 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:

(a) Is armed with explosives or a deadly weapon; or

(b) Causes physical injury to any person who is not a participant in
the crime; or

(c) Uses or threatens the immediate use of a dangerous instrument; or

(d) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or

2. The building is a dwelling.

Burglary in the second degree is a class C felony.

PEN 140.25 2014-09-22

Criminal Jury Instruction Links:



Deadly Weapon or Explosives - PL 140.25(1)(a)
Physical Injury to Non-participant - PL 140.25(1)(b)
Dangerous Instrument - PL 140.25(1)(c)
Displays Firearm - PL 140.25(1)(d)
Dwelling - PL 140.25(2)

Search Decisions Citing Statute