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PL 140.25 Burglary 2d degree |
Class C armed violent felony |
Link to CJI2d |
§ 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.
.
|
| Subdivision | Elements | Lesser included offenses |
| PL 140.25(1)(a) |
-
knowingly enters or remains unlawfully
-
building
-
intent to commit a crime therein
-
armed with explosives or a deadly weapon
|
LIO
|
| PL 140.25(1)(b) |
-
knowingly enters or remains unlawfully
-
building
-
intent to commit a crime therein
-
physical injury
|
LIO
|
| PL 140.25(1)(c) |
-
knowingly enters or remains unlawfully
-
building
-
intent to commit a crime therein
-
uses or threatens immediate use of dangerous instrument
|
LIO
|
| PL 140.25(1)(d) |
-
knowingly enters or remains unlawfully
-
building
-
intent to commit a crime therein
-
displays apparent firearm
|
LIO
|
| PL 140.25(2) |
-
knowingly enters or remains unlawfully
-
intent to commit a crime therein
-
dwelling
|
LIO
|