Sergeants Exam 2021- Burglary

Question 1

Burglary in the Third Degree

Answer 1

140.20
A person knowingly enters or remains unlawfully in a building with intent to commit a crime therin.

Burglary in the Third Degree is a Class D Felony

Question 2

Burglary in the Second Degree

Answer 2

A person knowingly enters or remains unlawfully in a building with intent to commit a crime therin, and when:
1. effecting entry of while in the building or in immediate flight there from, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon
(b) Causes physical injury to any person who is not a
participant in the crime
(c) Uses or threatens the immediate use of a
dangerous instrument
(d) Displays what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm
2. The building is a dwelling.

Burglary in the Second Degree is a class C felony.

Question 3

Burglary in the First Degree

Answer 3

A person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therin, and when , in effecting entry or while in immediate flight there from, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon
(b) Causes physical injury to any person who is not a
participant in the crime
(c) Uses or threatens the immediate use of a
dangerous instrument
(d) Displays what appears to be a pistol, revolver,
rifle, shotgun, machine gun or other firearm; ( this is
the same as burglary in second except for the next
part)
EXCEPT that in any prosecution under this subdivision, it is an affirmation defense that the weapon was NOT a loaded weapon from which a shot, readily capable of producing death of other serious physical injury , could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second or third degree burglary or any other crime.

Burglary in the First degree is a Class B Felony