§ 140.30 Burglary in the first degree.
A person is guilty of burglary in the first degree when he knowingly
enters or remains unlawfully in a dwelling with intent to commit a crime
therein, and when, in effecting entry or while in the 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; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon from
which a shot, readily capable of producing death or other serious physical
injury, could be discharged. Nothing contained in this subdivision shall
constitute a defense to a prosecution for, or preclude a conviction of,
burglary in the second degree, burglary in the third degree or any other
crime.
Burglary in the first degree is a class B felony.
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