Iowa Code § 713.5: Burglary in the second degree.
Where this section sits in the code
- Title XVI - CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)
- Chapter 713 - BURGLARY
1. A person commits burglary in the second degree in either of the following circumstances:
a. 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.
b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.
2. Burglary in the second degree is a class “C” felony.
3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
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