2006 Minnesota Statutes

609.582 BURGLARY.
    Subdivision 1. Burglary in the first degree. Whoever enters a building without consent
and with intent to commit a crime, or enters a building without consent and commits a crime
while in the building, either directly or as an accomplice, commits burglary in the first degree
and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $35,000, or both, if:
(a) the building is a dwelling and another person, not an accomplice, is present in it when the
burglar enters or at any time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time while in the building, any of the
following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a dangerous weapon, or an explosive; or
(c) the burglar assaults a person within the building or on the building's appurtenant property.
    Subd. 1a. Mandatory minimum sentence for burglary of occupied dwelling. A person
convicted of committing burglary of an occupied dwelling, as defined in subdivision 1, clause
(a), must be committed to the commissioner of corrections or county workhouse for not less
than six months.
    Subd. 2. Burglary in the second degree. Whoever enters a building without consent and
with intent to commit a crime, or enters a building without consent and commits a crime while in
the building, either directly or as an accomplice, commits burglary in the second degree and may
be sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if:
(a) the building is a dwelling;
(b) the portion of the building entered contains a banking business or other business of
receiving securities or other valuable papers for deposit or safekeeping and the entry is with
force or threat of force;
(c) the portion of the building entered contains a pharmacy or other lawful business or
practice in which controlled substances are routinely held or stored, and the entry is forcible; or
(d) when entering or while in the building, the burglar possesses a tool to gain access to
money or property.
    Subd. 3. Burglary in the third degree. Whoever enters a building without consent and with
intent to steal or commit any felony or gross misdemeanor while in the building, or enters a
building without consent and steals or commits a felony or gross misdemeanor while in the
building, either directly or as an accomplice, commits burglary in the third degree and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
    Subd. 4. Burglary in the fourth degree. Whoever enters a building without consent and
with intent to commit a misdemeanor other than to steal, or enters a building without consent
and commits a misdemeanor other than to steal while in the building, either directly or as an
accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both.
History: 1983 c 321 s 2; 1984 c 628 art 3 s 6; 1986 c 470 s 19; 1988 c 712 s 9-12; 1993 c
326 art 13 s 33; 1995 c 244 s 22; 1998 c 367 art 2 s 21