Burglary Laws and Punishments

Burglary Laws and Punishments
Kansas – Burglary (21–3715 (a) (b) & 21-3716)
Burglary - Person

Knowingly without authority enter into or remain within any dwelling with intent
to commit felony, theft or sexual battery therein.
Sentencing grid for severity level 7 depending on category provides presumptive
probation range of 11 months to 29 months and presumptive imprisonment range of 27 to
34 months.

Burglary - Nonperson

Knowingly without authority enter into or remain within any building not a
dwelling with intent to commit a felony, theft or sexual battery therein.
Sentencing grid for severity level 7 depending on category provides presumptive
probation range of 11 months to 29 months and presumptive imprisonment range of 27 to
34 months.

Aggravated Burglary - Person
Knowingly w/o authority enter into or remain within any structure or conveyance
in which there is a human being, w/intent to commit a felony, theft or sexual battery
therein.
Sentencing grid for severity level 5 depending on category provides presumptive
imprisonment range of 31 months to 136 months, with border box range of 31 months to
38 months.

Massachusetts – Burglary (Chapter 266: Section 14 & 15)
Burglary; armed; assault on occupants; weapons; punishment
Whoever breaks and enters a dwelling house in the night time, with intent to
commit a felony, or whoever, after having entered with such intent, breaks such dwelling
house in the night time, any person being then lawfully therein, and the offender being
armed with a dangerous weapon at the time of such breaking or entry, or so arming
himself in such house, or making an actual assault on a person lawfully therein, shall be
punished by imprisonment in the state prison for life or for any term of not less than ten
years.
Whoever commits any offense described in this section while armed with a
firearm, rifle, shotgun, machine gun or assault weapon shall be punished by
imprisonment in the state prison for life or for any term of years, but not less than 15
years. Whoever commits a subsequent such offense shall be punished by imprisonment in
the state prison for life or for any term of years, but not less than 20 years. The sentence
imposed upon a person who, after being convicted of any offence mentioned in this
section, commits the like offence, or any other of the offences therein mentioned, shall
not be suspended, nor shall he be placed on probation.

Burglary; unarmed
Whoever breaks and enters a dwelling house in the night time, with the intent
mentioned in the preceding section, or, having entered with such intent, breaks such
dwelling house in the night time, the offender not being armed, nor arming himself in
such house, with a dangerous weapon, nor making an assault upon a person lawfully
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Burglary Laws and Punishments
therein, shall be punished by imprisonment in the state prison for not more than twenty
years and, if he shall have been previously convicted of any crime named in this or the
preceding section, for not less than five years.

Minnesota – Burglary (609.582)
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.
Mandatory minimum sentence for burglary of occupied dwelling.
A person convicted of committing burglary of an occupied dwelling, as defined above,
must be committed to the commissioner of corrections or county workhouse for not less than six
months.

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.

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.

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.
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Burglary Laws and Punishments
Pennsylvania – Burglary (Chapter 35 Section 3502)
(a) Offense defined.--A person is guilty of burglary if he enters a building or
occupied structure, or separately secured or occupied portion thereof, with intent
to commit a crime therein, unless the premises are at the time open to the public
or the actor is licensed or privileged to enter.
(c) Grading.--
(1) Except as provided in paragraph (2), burglary is a felony of the first
degree.
(2) If the building, structure or portion entered is not adapted for overnight
accommodation and if no individual is present at the time of entry,
burglary is a felony of the second degree.
(d) Multiple convictions.--A person may not be convicted both for burglary and
for the offense which it was his intent to commit after the burglarious entry or for
an attempt to commit that offense, unless the additional offense constitutes a
felony of the first or second degree.

The Pennsylvania sentencing matrix provides sentence range for burglary of home
with person present, depending on prior record score, of: state incarceration for 12
months to 72 months with option of Boot Camp for 12 to 48 months. A range of 60 to 72
months for repeat violent felony 1 and felony 2 category offenders and a sentence of 120
months for repeat violent offender category.
For burglary of a home with no person present the sentencing matrix provides a
sentence range depending on prior record score, of: state or county incarceration for 6 to
45 months with the option of boot camp for 6 to 30 months, and a sentence of state
incarceration for repeat felony 1 and felony 2 offender category for 35 to 45 months.

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