Burglary and Trespassing in Missouri

Like all states, Missouri has laws against going onto other people's property without permission (trespass) or going into a building intending to commit a crime inside (burglary). Armed or violent burglaries and burglaries of buildings that are occupied can be punished by significant prison sentences in Missouri.

What Is a Burglary Offense in Missouri?

Traditionally, the law defined burglary as breaking and entering into a home at night with the intent to commit a felony inside. Today, states have done away with many of these traditional requirements.

In Missouri, a person commits the crime of burglary by entering or remaining in any building or inhabitable structure without permission and with the intent to commit a crime inside. We break down these criminal elements below.

What Are Protected Structures?

Missouri's burglary law protects a broad range of structures. A building can mean any partially enclosed structure designed for occupancy (such as an apartment, store, factory, or shelter for people, animals, or property). Inhabitable structures include vehicles, vessels, or structures where someone lives or carries out business, where people assemble for certain purposes (such as business or education), or that someone uses for overnight accommodations.

Is a Breaking and Entering Required?

The law no longer uses those terms. Rather, it's burglary when a person "enters or remains unlawfully" in a structure or area that they're not licensed or privileged to be in.

An entry doesn't require a physical breaking or force—it must simply be unlawful. The mere act of opening an unlocked door and going into a building can trigger an unlawful entry. Remaining unlawfully means the person initially had the right to be in the structure but remained after that right was revoked. For example, a party guest who hides in the host's closet after being asked to leave is remaining unlawfully.

Entering private or restricted areas in a public place may also be unlawful. For example, if a person enters a retail store during open business hours, that individual does not have permission to enter the manager's office in the back of the store. Additionally, if a person enters that same store, it would be unlawful for the person to remain in the store once the store closes.

How Do Prosecutors Prove Intent to Commit a Crime?

In a burglary case, the prosecutor must prove that the defendant entered or remained unlawfully in the building with the intent to commit a crime inside. How can a prosecutor prove what the defendant was thinking?

Sometimes, a defendant will admit to entering the building to commit a crime. Other times, the illicit intent must be inferred from the facts of the case using circumstantial evidence. For example, the mere fact that a defendant entered into a building containing valuable items, such as a retail store, without permission might be enough to show intent to steal. The crime of burglary occurs as soon as the defendant enters into the building or structure with the illicit intent, even if the intended crime never occurs. If the intended crime occurs or is attempted, the defendant can also be convicted of that crime or criminal attempt.

(Mo. Rev. Stat. §§ 556.061, 569.160, 569.170 (2025).)

Is Burglary a Felony in Missouri?

Only two classifications of burglary exist in Missouri: first-degree and second-degree burglary. Both are felonies.

First-Degree Burglary

Missouri is one of the few states that does not punish residential or home invasion burglary more severely than burglaries of other buildings. However, burglaries are punished more severely, as first-degree burglary, if:

• any defendant is armed with explosives or a deadly weapon
• any defendant causes or threatens physical injury to someone, or
• any person, other than a participant in the crime, is present in the building (whether the defendant knows of the person's presence or not).

Burglary in the first degree is a class B felony. The punishment for this offense can include imprisonment for 5 to 15 years and fines.

Second-Degree Burglary

Second-degree burglary encompasses all other acts of burglary in Missouri. It's a class D felony, punishable by up to 7 years in prison and fines.

Enhanced Penalties for Burglary

A defendant convicted of burglary will receive a sentence for the next-higher felony class if they have two or more previous felony convictions (for crimes committed at different times) or they are considered a "dangerous offender" (which includes those who committed certain violent crimes).

(Mo. Rev. Stat. §§ 558.002, 558.011, 558.016, 569.160, 569.170 (2025).)

What Are the Penalties for Possessing Burglary Tools in Missouri?

Almost every state, including Missouri, makes it a crime to possess any tool or instrument that is designed, adapted, or commonly used to force entry into a building with the intent to illegally enter a building, inhabitable structure, or room. For example, a person who is found with a set of lock picks (and who is not a locksmith) could be convicted of possession of burglary tools. A flashlight and a pair of gloves can qualify as burglar's tools in certain instances.

A person convicted of possession of burglar's tools commits a class E felony and faces up to four years in prison and a fine of up to $10,000.

(Mo. Rev. Stat. §§ 558.002, 558.011, 569.180 (2025).)

What Are the Penalties for Criminal Trespass in Missouri?

Under Missouri law, a person commits trespass by entering property without permission from the owner. Trespass differs from burglary in a couple of different ways. First, trespass does not require an intent to commit a crime on the property. Second, trespass applies to a broader range of property. Whereas burglary usually involves some type of structure or building, trespass can include simply entering a plot of land.

First-Degree Trespass

A person commits first-degree trespass by entering real property or going into a building or inhabitable structure knowing they do not have the owner's permission to be there. For example, if the property was fenced, enclosed, or otherwise marked, the defendant would know they did not have permission to enter.

An offender convicted of first-degree trespass is guilty of a class B misdemeanor and faces up to six months in jail and a fine of up to $1,000.

Second-Degree Trespass

A person who unlawfully enters another's real property without knowing they are trespassing can be charged with second-degree trespass—a fine-only offense. The trespasser can be convicted of an infraction and face up to a $400 fine (but no jail time). (This type of crime is referred to as a strict liability offense.)

(Mo. Rev. Stat. §§ 569.140, 569.150 (2025).)

Obtaining Legal Assistance

If you are charged with burglary, trespass, or any other crime, talk to a Missouri criminal defense attorney. Ask for a public defender if you can't afford a private attorney. An experienced lawyer can help you protect your rights and present the strongest possible defense.