(6)3.4.1 Residential Burglary in the First Degree: Difference between revisions
Created page with "A person is guilty of <b>Residential Burglary in the First Degree</b> under this subsection if he or she willfully: (a) enters or remains unlawfully in a building, structure, or other enclosed premises that is a dwelling or residential unit and not a motor vehicle; and (b) does so with the intent to commit a crime therein, including but not limited to theft, assault, or malicious mischief; and (c..." |
No edit summary |
||
| Line 13: | Line 13: | ||
(f) the intended offense is a <b>Class B+ Felony</b> or greater under statute; or | (f) the intended offense is a <b>Class B+ Felony</b> or greater under statute; or | ||
(g) this offense is committed in cooperation with or in furtherance of a [[(6)1_Definitions#(6)1.7_Criminal_Organization_/_Criminal_Enterprise|criminal organization]] or [[(6)1_Definitions#(6)1.6_Terrorism|terrorism] scheme. | (g) this offense is committed in cooperation with or in furtherance of a [[(6)1_Definitions#(6)1.7_Criminal_Organization_/_Criminal_Enterprise|criminal organization]] or [[(6)1_Definitions#(6)1.6_Terrorism|terrorism]] scheme. | ||
Residential Burglary in the First Degree is a <b>Class B+ Felony</b>. | Residential Burglary in the First Degree is a <b>Class B+ Felony</b>. | ||
Latest revision as of 23:25, 18 December 2025
A person is guilty of Residential Burglary in the First Degree under this subsection if he or she willfully:
(a) enters or remains unlawfully in a building, structure, or other enclosed premises that is a dwelling or residential unit and not a motor vehicle; and
(b) does so with the intent to commit a crime therein, including but not limited to theft, assault, or malicious mischief; and
(c) without the consent of the owner, lawful occupant, or authorized agent; and
(d) the offender knows or reasonably should have known that the dwelling or residential unit was occupied at the time of the offense; or
(e) the offender is armed with a firearm or another dangerous weapon during this offense; or
(f) the intended offense is a Class B+ Felony or greater under statute; or
(g) this offense is committed in cooperation with or in furtherance of a criminal organization or terrorism scheme.
Residential Burglary in the First Degree is a Class B+ Felony.