(6)3.4.1 Residential Burglary in the First Degree: Difference between revisions

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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..."
 
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(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.