30:6B766046-F9A2-467B-9DBF-D78198D97E673713BURGLARY713.1Burglary defined.Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure, such occupied structure not being open to the public, or who remains therein after it is closed to the public or after the person’s right, license or privilege to be there has expired, or any person having such intent who breaks an occupied structure, commits burglary.[C51, §2608, 2611; R60, §4232, 4235; C73, §3891, 3894; C97, §4787, 4791, 4792, 4794; C24, 27, 31, 35, 39, §12994, 13001 – 13004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.1, 708.8 – 708.11; C79, 81, §713.1]84 Acts, ch 1247, §2Definition of occupied structure, §702.12 713.2Attempted burglary defined.Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license, or privilege to do so, attempts to enter an occupied structure, the occupied structure not being open to the public, or who attempts to remain therein after it is closed to the public or after the person’s right, license, or privilege to be there has expired, or any person having such intent who attempts to break an occupied structure, commits attempted burglary.[81 Acts, ch 204, §8]84 Acts, ch 1247, §3713.3Burglary in the first degree.1A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply:aThe person has possession of an explosive or incendiary device or material.bThe person has possession of a dangerous weapon.cThe person intentionally or recklessly inflicts bodily injury on any person.dThe person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1.2Burglary in the first degree is a class “B” felony.3For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1, paragraphs “a”, “b”, or “c”, the fact finder shall make a determination as provided in section 692A.126.[C51, §2609; R60, §4233; C73, §3892; C97, §4788; S13, §4799-a; C24, 27, 31, 35, 39; §12995, 12997 – 12999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.2, 708.4-708.6, C79, 81, §713.2]C83, §713.390 Acts, ch 1233, §41; 92 Acts, ch 1231, §57; 94 Acts, ch 1107, §15; 98 Acts, ch 1059, §1; 2010 Acts, ch 1104, §16, 23Definition of forcible felony, see §702.11 713.4Attempted burglary in the first degree.1A person commits attempted burglary in the first degree if, while perpetrating an attempted burglary in or upon an occupied structure in which one or more persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or intentionally or recklessly inflicts bodily injury on any person.2Attempted burglary in the first degree is a class “C” felony.3For 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]C83, §713.492 Acts, ch 1231, §58; 94 Acts, ch 1107, §16; 2010 Acts, ch 1104, §17, 23713.5Burglary in the second degree.1A person commits burglary in the second degree in either of the following circumstances:aWhile 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.bWhile 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.2Burglary in the second degree is a class “C” felony.3For 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.[C79, 81, §713.3]C83, §713.592 Acts, ch 1231, §59; 94 Acts, ch 1107, §17; 2010 Acts, ch 1104, §18, 23713.6Attempted burglary in the second degree.1A person commits attempted burglary in the second degree in either of the following circumstances:aWhile 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.bWhile 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.2Attempted burglary in the second degree is a class “D” felony.3For 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, 23713.6ABurglary in the third degree.1All burglary which is not burglary in the first degree or burglary in the second degree is burglary in the third degree. Burglary in the third degree is a class “D” felony, except as provided in subsection 2.2Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is an aggravated misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.3For 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.126.92 Acts, ch 1231, §61; 2001 Acts, ch 165, §1; 2002 Acts, ch 1050, §53; 2010 Acts, ch 1104, §20, 23713.6BAttempted burglary in the third degree.1All attempted burglary which is not attempted burglary in the first degree or attempted burglary in the second degree is attempted burglary in the third degree. Attempted burglary in the third degree is an aggravated misdemeanor, except as provided in subsection 2.2Attempted burglary in the third degree involving an attempted burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is a serious misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.3For 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.126.92 Acts, ch 1231, §62; 2001 Acts, ch 165, §2; 2002 Acts, ch 1050, §54; 2010 Acts, ch 1104, §21, 23713.7Possession of burglar’s tools.Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor.[C97, §4790; S13, §4790; C24, 27, 31, 35, 39, §13000; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.7; C79, 81, §713.4]C83, §713.792 Acts, ch 1231, §63713.8Reserved. 713.9Repealed by 76 Acts, ch 1245(4), §525. 713.10Repealed by 76 Acts, ch 1245(4), §525. 713.11Repealed by 76 Acts, ch 1245(4), §525. 713.12Repealed by 76 Acts, ch 1245(4), §525. 713.13Repealed by 76 Acts, ch 1245(4), §525. 713.14Repealed by 76 Acts, ch 1245(4), §525. 713.15Repealed by 76 Acts, ch 1245(4), §525. 713.16Repealed by 76 Acts, ch 1245(4), §525. 713.17Repealed by 70 Acts, ch 1255, §16. 713.18Repealed by 70 Acts, ch 1255, §16. 713.19Repealed by 70 Acts, ch 1255, §16. 713.20Repealed by 70 Acts, ch 1255, §16. 713.21Repealed by 70 Acts, ch 1255, §16. 713.22Repealed by 76 Acts, ch 1245(4), §525. 713.23Repealed by 76 Acts, ch 1245(4), §525. 713.24Reserved.713.25Reserved.713.26Repealed by 76 Acts, ch 1245(4), §525. 713.27Repealed by 76 Acts, ch 1245(4), §525. 713.28Repealed by 76 Acts, ch 1245(4), §525. 713.29Repealed by 76 Acts, ch 1245(4), §525. 713.30Repealed by 76 Acts, ch 1245(4), §525. 713.31Repealed by 76 Acts, ch 1245(4), §525. 713.32Repealed by 76 Acts, ch 1245(4), §525. 713.33Repealed by 76 Acts, ch 1245(4), §525. 713.34Repealed by 76 Acts, ch 1245(4), §525. 713.35Repealed by 76 Acts, ch 1245(4), §525. 713.36Repealed by 76 Acts, ch 1245(4), §525. 713.37Repealed by 76 Acts, ch 1245(4), §525. 713.38Repealed by 76 Acts, ch 1245(4), §525. 713.39Repealed by 76 Acts, ch 1245(4), §525. 713.40Repealed by 76 Acts, ch 1245(4), §525. 713.41Repealed by 76 Acts, ch 1245(4), §525. 713.42Repealed by 76 Acts, ch 1245(4), §525. 713.43Repealed by 76 Acts, ch 1245(4), §525. 713.44Reserved.713.45Reserved.