Iowa Burglary by Breaking and Entering
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FAQ
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
713.3 Burglary in the first degree. 1. A 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: a. The person has possession of an explosive or incendiary device or material.
713.5 Burglary in the second degree. While 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.
Burglary in the third degree is a class ?D? felony, except as provided in subsection 2. 2. Burglary 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.
Burglary in the first degree is a class B felony and punishable by up to 25 years in prison. There is not a mandatory minimum sentence if a person is convicted of burglary in the first degree, but it is a forcible felony.
Third Degree Burglary is all other burglaries, which are class D felonies. Class D felonies are punishable up to 5 years in prison and up to $10,245 fine. An exception is a burglary of a motor vehicle or vessel, which is an aggravated misdemeanor.
Theft in the third degree: The theft of property exceeding $750 but not exceeding $1,500 in value. A person can also be convicted of third-degree theft if they have previously been convicted at least two times, even if they did not steal property exceeding $500.
First degree is the most serious, fourth degree is the least serious, and each successive degree includes the lesser degree. A fourth-degree burglary consists of breaking and entering a property, dwelling, or storehouse of another person without permission.
