{"data":{"id":"us-ny/n.y.-penal-law-140.30","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 140.30","heading":"Burglary in the first degree","body":"§ 140.30 Burglary in the first degree.\n  A person is guilty of burglary in the first degree when he knowingly\nenters or remains unlawfully in a dwelling with intent to commit a crime\ntherein, and when, in effecting entry or while in the dwelling or in\nimmediate flight therefrom, he or another participant in the crime:\n  1. Is armed with explosives or a deadly weapon; or\n  2. Causes physical injury to any person who is not a participant in\nthe crime; or\n  3. Uses or threatens the immediate use of a dangerous instrument; or\n  4. Displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm; except that in any prosecution under this\nsubdivision, it is an affirmative defense that such pistol, revolver,\nrifle, shotgun, machine gun or other firearm was not a loaded weapon\nfrom which a shot, readily capable of producing death or other serious\nphysical injury, could be discharged. Nothing contained in this\nsubdivision shall constitute a defense to a prosecution for, or preclude\na conviction of, burglary in the second degree, burglary in the third\ndegree or any other crime.\n  Burglary in the first degree is a class B felony.","path":["Penal Law","Part 3. Specific Offenses","Title I. Offenses Involving Damage to and Intrusion Upon Property","Article 140. Burglary and Related Offenses"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/140.30","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"e977860baf8dfa536e389e7519f326fd12a2e5effc79ae8d161ffe9aa751c076","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-140.25","next":"us-ny/n.y.-penal-law-140.35"},"notice":"GroundRules: Original legal text. Not legal advice."}