Burglary

BURGLARY
 

The crime of burglary is committed when a person enters a building, room within a building, locked vehicle, or other statutory target and when that person entered, he/she intended to commit theft or one or more felonies.

The person does not need to have actually committed theft or one or more felonies as long as that person entered with the intent to do so.

Burglary is divided into two degrees.  First degree burglary is the burglary of an inhabited house, or a room within an inhabited house, inhabited vessel, inhabited floating home, inhabited trailer coach, or in habited part of a building.  Inhabited means if someone uses it as a dwelling whether or not someone is inside at the time of the alleged entry or if someone used it as a dwelling and left only because of natural or other disaster caused him or her to leave.  If the former residents have moved out and do not intend to return even if some personal property remains inside, then it is not inhabited.

First degree burglary is a felony.

All other kinds of burglary are of the second degree.

Second degree burglary can be a felony or a misdemeanor.