1.129 — BURGLARY

Violations of "Statute 1.129" results in a Class D Misdemeanor

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(a) Definitions

Burglary is defined as entering a building, structure, or vehicle with the intent to commit theft, felony, or any other criminal act therein, without the consent of the owner or lawful occupant.

(b) Elements

To prove burglary, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant entered a building, structure, or vehicle.

2. The entry was unauthorized and without the consent of the owner or lawful occupant.

3. At the time of entry, the defendant had the intent to commit theft, felony, or any other criminal act therein.

(c) Defenses

Defenses to a charge of burglary may include, but are not limited to:

• Lack of intent: The defendant did not have the intent to commit theft, felony, or any other criminal act at the time of entry.

• Lawful authority: The defendant had a legitimate reason or lawful authority to enter the building, structure, or vehicle.

• Mistaken identity: The defendant was not the person who entered the building, structure, or vehicle

• with the intent to commit a crime.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for burglary or other related offenses.

• Use of force, weapons, or violence during the commission of the burglary.

• Burglary of a dwelling, occupied structure, or place of business.

• Burglary committed with the intent to commit a serious felony or inflict bodily harm.