Burglary typically involves an unauthorized entry of a structure, with the intent to commit a crime inside. In the past, a burglary was limited to "breaking and entering a home at night intending to steal." But these requirements no longer exist (for the most part). Each state has its own laws defining burglary and related crimes. Penalties vary according to the circumstances of the crime.
Iowa defines burglary as: (1) unlawfully entering or remaining in (2) an “occupied structure” (3) with the intent of committing a felony, assault, or theft inside. Attempted burglary differs from the crime of burglary only in that the defendant is unsuccessful in entering the structure. Let’s break down these elements and terms.
Iowa’s burglary statute applies to “occupied structures,” which includes any building, structure, or vehicle (land, air, or water) that is adapted for the purposes of overnight accommodation, business activities, or storage.
The term “occupied” can be misleading. Here, it doesn’t refer to individuals being present in the structure. Rather, occupied concerns the structure’s underlying purpose—adapted for occupancy, business, or storage. So an empty house still qualifies as an occupied structure. The law also requires the structure to be big enough for a person to physically enter—so while a small safe deposit box cannot be an occupied structure, a walk-in shed could be. A houseboat, RV, or trailer set up as an office would also be considered an occupied structure. (Iowa Code § 702.12 (2020).)
A burglary can be accomplished in two ways: by entering an occupied structure without permission or by remaining in the structure after permission no longer exists.
An entry does not require a physical breaking. If the person does not have permission, pushing open an ajar apartment door counts as an entry, as does raising an unlocked window.
Examples of remaining in a structure without permission include: A person legally enters a department store during business hours but hides when the store closes in order to steal merchandise after hours. Or an invited guest attends a party but remains in the house after the host asks everyone to leave, intending to assault the host or steal something.
The next element concerns the defendant’s state of mind at the time of entry. To be convicted of burglary, the defendant must have decided to commit a felony, assault, or theft prior to, or at the time of, entry. A person who enters an apartment mistakenly (thinking it’s their own) and decides to snatch an expensive watch sitting on the counter can be convicted of theft and criminal trespass but not burglary. If the crime involves remaining in a structure after permission expires, the timing of intent can occur at any time. A prosecutor usually proves the defendant’s intent by looking to circumstantial evidence, such as a defendant carrying a crowbar, entering at night through an alley, or hiding in a restroom.
The crimes of burglary and attempted burglary are broken into several categories, with penalties increasing as the severity of the crime increases. (You can find the maximum sentences below in the Penalties section.)
First-degree burglary occurs when a defendant enters an occupied structure with one or more people present and any of the following apply:
A person who commits first-degree burglary faces a class B felony. The penalty for attempted first-degree burglary is a class C felony. If a person used, possessed, or displayed a dangerous weapon in the commission of the offense (considered a “forcible felony”), the offender must serve a minimum of three years in prison.
Second-degree burglary involves burglarizing an occupied structure either:
A person who commits second-degree burglary faces a class C felony. Attempted second-degree burglary is a class D felony.
Third-degree burglary is a catch-all category for circumstances that do not fall into first- or second-degree burglary. The penalty is a class D felony. A person who commits attempted third-degree burglary faces aggravated misdemeanor charges.
A person can also commit third-degree burglary by burglarizing an unoccupied motor vehicle, truck, or vessel. Under these circumstances, a first offense is an aggravated misdemeanor and any subsequent offense becomes a class D felony. For an attempt, a defendant faces a serious misdemeanor for the first offense and an aggravated misdemeanor for subsequent offenses.
It’s also a crime to possess any tool, device, key, or explosive, intending to use it in a burglary. Possession of burglar’s tools is an aggravated misdemeanor.
(Iowa Code §§ 713.1 to 713.7, 902.7 (2020).)
Related to burglary, the crime of trespass generally involves entering or remaining on property without permission but doesn’t necessarily require intent to commit a crime. Also, criminal trespass to property covers a broader range of property than the burglary statute, including any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure.
A person commits the crime of trespassing by doing any of the following:
The penalties for criminal trespass range from a simple misdemeanor to a class D felony, with harsher penalties for acts relating to hate crimes or invasion of privacy, acts that cause bodily injury or more than $300 in property damage, and acts involving public utility property.
(Iowa Code §§ 716.7 to 716.8 (2020).)
Iowa law sets the following punishments for felonies and misdemeanors.
(Iowa Code §§ 902.9, 903.1 (2020).)
If you've been charged with burglary, attempted burglary, or trespass, consult a local criminal defense attorney. A lawyer can help you understand the charges and possible penalties and protect your rights.