A person commits attempted burglary in the second degree in either of the following circumstances:
1. While perpetrating an attempted 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 an attempted 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.
Attempted burglary in the second degree is a class "D" felony.
[81 Acts, ch 204, § 8]
92 Acts, ch 1231, § 60; 94 Acts, ch 1107, §18
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