☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 01 Jan 2017, 2 histories, see footnote bottom

  569.170.  Burglary in the second degree — penalty. — 1.  A person commits the offense of burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.

  2.  The offense of burglary in the second degree is a class D felony.

­­--------

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A.), 613 S.W.2d 143.

(1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.

(1984) Crime of burglary requires proof of incursion into a building or inhabitable structure; an unlicensed entry upon open real property for whatever unlawful purpose does not constitute burglary. State v. Butler (Mo.App.), 665 S.W.2d 41.

(1984) An entry, however slight, by any part of the defendant's body is sufficient to establish the element of entry. State v. Sincup (Mo.App.), 674 S.W.2d 689.


---- end of effective   01 Jan 2017 ----

use this link to bookmark section  569.170


 - All versions
Effective End
569.170 1/1/2017
569.170 1/1/1979 1/1/2017

In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Pictures Contact

Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@10:47:05.4 40 :)