KRS 511.040: Burglary in the third degree.

(1) A person is guilty of burglary in the third degree when, with the intent to commit a

crime, he or she knowingly enters or remains unlawfully in a building.

(2) Burglary in the third degree is a Class D felony, unless the offense occurs during a

declared em ergency as defined by KRS 39A.020 arising from a natural or man -

made disaster, within the area covered by the emergency declaration, and within the

area impacted by the disaster, in which case it is a Class C felony.