A person commits burglary in the second degree in either of the following circumstances:
1. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person.
2. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.
Burglary in the second degree is a class "C" felony.
[C79, 81, § 713.3]
C83, § 713.5
92 Acts, ch 1231, § 59; 94 Acts, ch 1107, §17
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