713.6  Attempted burglary in the second degree.
  1.  A person commits attempted burglary in the second degree in either of the following circumstances:
  a.  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.
  b.  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.
  2.  Attempted burglary in the second degree is a class “D” felony.
  3.  For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
[81 Acts, ch 204, §8]
92 Acts, ch 1231, §60; 94 Acts, ch 1107, §18; 2010 Acts, ch 1104, §19, 23
Referred to in §692A.102, §692A.126