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Current as of January 01, 2024 | Updated by FindLaw Staff
1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply:
a. The person has possession of an explosive or incendiary device or material.
b. The person has possession of a dangerous weapon.
c. The person intentionally or recklessly inflicts bodily injury on any person.
d. The person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1.
2. Burglary in the first degree is a class “B” felony.
3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1, paragraphs “a”, “b”, or “c”, the fact finder shall make a determination as provided in section 692A.126.
Cite this article: FindLaw.com - Iowa Code Title XVI. Criminal Law and Procedure [Chs. 687-916] § 713.3. Burglary in the first degree - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xvi-criminal-law-and-procedure-chs-687-916/ia-code-sect-713-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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