Section 569.170 Burglary in the second degree

Section 569.170 Burglary in the second degree — penalty.

MO Rev Stat § 569.170 (2019) (N/A)

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Effective 01 Jan 2017, see footnote

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.

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(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.

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Section 569.180 Possession of burglar's tools — penalty.