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Iowa Code: Burglary and Related Offenses, Schemes and Mind Maps of Social Psychology

School of Oriental and African Studies, University of London (SOAS)Social Psychology

The iowa code regarding burglary and related offenses, including definitions, degrees of burglary, attempted burglary, and possession of burglar's tools. It also includes references to related statutes and acts.

What you will learn

  • What is the penalty for attempted burglary in the first degree in Iowa?
  • What are the different degrees of burglary according to Iowa Code?
  • What is the penalty for possession of burglar's tools in Iowa?

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 09/12/2022

jimihendrix
jimihendrix 🇬🇧

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1BURGLARY ,§713.4
CHAPTER713
BURGLARY
Referredtoin§331.307,364.22,701.1,702.12
713.1Burglarydefined.
713.2Attemptedburglarydefined.
713.3Burglaryinthefirstdegree.
713.4Attemptedburglaryinthefirst
degree.
713.5Burglaryintheseconddegree.
713.6Attemptedburglaryinthesecond
degree.
713.6ABurglaryinthethirddegree.
713.6BAttemptedburglaryinthethird
degree.
713.7Possessionofburglar’stools.
713.8through713.45Reserved.
713.1Burglarydefined.
Anyperson,havingtheintenttocommitafelony ,assaultorthefttherein,who,havingno
right,licenseorprivilegetodoso,entersanoccupiedstructure,suchoccupiedstructurenot
beingopentothepublic,orwhoremainsthereinafteritisclosedtothepublicorafterthe
person’sright,licenseorprivilegetobetherehasexpired,oranypersonhavingsuchintent
whobreaksanoccupiedstructure,commitsburglary .
[C51,§2608,2611;R60,§4232,4235;C73,§3891,3894;C97,§4787,4791,4792,4794;C24,
27,31,35,39,§12994,13001–13004;C46,50,54,58,62,66,71,73,75,77,§708.1,708.8–
708.11;C79,81,§713.1]
84Acts,ch1247,§2
Referredtoin§229A.2
Definitionofoccupiedstructure,§702.12
713.2Attemptedburglarydefined.
Anyperson,havingtheintenttocommitafelony ,assaultorthefttherein,who,havingno
right,license,orprivilegetodoso,attemptstoenteranoccupiedstructure,theoccupied
structurenotbeingopentothepublic,orwhoattemptstoremainthereinafteritisclosed
tothepublicoraftertheperson’sright,license,orprivilegetobetherehasexpired,orany
personhavingsuchintentwhoattemptstobreakanoccupiedstructure,commitsattempted
burglary.
[81Acts,ch204,§8]
84Acts,ch1247,§3
713.3Burglaryinthefirstdegree.
1.Apersoncommitsburglaryinthefirstdegreeif,whileperpetratingaburglaryinor
uponanoccupiedstructureinwhichoneormorepersonsarepresent,anyofthefollowing
circumstancesapply:
a.Thepersonhaspossessionofanexplosiveorincendiarydeviceormaterial.
b.Thepersonhaspossessionofadangerousweapon.
c.Thepersonintentionallyorrecklesslyinflictsbodilyinjuryonanyperson.
d.Thepersonperformsorparticipatesinasexactwithanypersonwhichwouldconstitute
sexualabuseundersection709.1.
2.Burglaryinthefirstdegreeisaclass“B”felony.
3.Forpurposesofdeterminingwhetherthepersonshouldregisterasasexoffender
pursuanttotheprovisionsofchapter692Aforviolationsofsubsection1,paragraphs“a”,
“b”,or“c”,thefactfindershallmakeadeterminationasprovidedinsection692A.126.
[C51,§2609;R60,§4233;C73,§3892;C97,§4788;S13,§4799-a;C24,27,31,35,39;§12995,
12997–12999;C46,50,54,58,62,66,71,73,75,77,§708.2,708.4-708.6,C79,81,§713.2]
C83,§713.3
90Acts,ch1233,§41;92Acts,ch1231,§57;94Acts,ch1107,§15;98Acts,ch1059,§1;
2010Acts,ch1104,§16,23
Referredtoin§692A.101,692A.102,692A.126,903B.1
Definitionofforciblefelony,see§702.11
713.4Attemptedburglaryinthefirstdegree.
1.Apersoncommitsattemptedburglaryinthefirstdegreeif,whileperpetratingan
FriDec0322:09:062021IowaCode2022,Chapter713(16,0)
pf3

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1 BURGLARY, §713.

CHAPTER 713

BURGLARY

Referred to in §331.307, 364.22, 701.1, 702.

713.1 Burglary defined. 713.2 Attempted burglary defined. 713.3 Burglary in the first degree. 713.4 Attempted burglary in the first degree. 713.5 Burglary in the second degree.

713.6 Attempted burglary in the second degree. 713.6A Burglary^ in^ the^ third^ degree. 713.6B Attempted burglary in the third degree. 713.7 Possession of burglar’s tools. 713.8 through 713.45 Reserved.

713.1 Burglary defined. Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure, such occupied structure not being open to the public, or who remains therein after it is closed to the public or after the person’s right, license or privilege to be there has expired, or any person having such intent who breaks an occupied structure, commits burglary. [C51, §2608, 2611; R60, §4232, 4235; C73, §3891, 3894; C97, §4787, 4791, 4792, 4794; C24, 27, 31, 35, 39, § 12994, 13001 – 13004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.1, 708.8 – 708.11; C79, 81, §713.1] 84 Acts, ch 1247, § Referred to in §229A. Definition of occupied structure, §702.

713.2 Attempted burglary defined. Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license, or privilege to do so, attempts to enter an occupied structure, the occupied structure not being open to the public, or who attempts to remain therein after it is closed to the public or after the person’s right, license, or privilege to be there has expired, or any person having such intent who attempts to break an occupied structure, commits attempted burglary. [ 81 Acts, ch 204, §8] 84 Acts, ch 1247, §

713.3 Burglary in the first degree.

  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. Thepersonperformsorparticipatesinasexactwithanypersonwhichwouldconstitute 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. [C51, §2609; R60, §4233; C73, §3892; C97, §4788; S13, §4799-a; C24, 27, 31, 35, 39; § 12995, 12997 – 12999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.2, 708.4-708.6, C79, 81, §713.2] C83, §713. 90 Acts, ch 1233, §41; 92 Acts, ch 1231, §57; 94 Acts, ch 1107, §15; 98 Acts, ch 1059, §1; 2010 Acts, ch 1104, §16, 23 Referred to in §692A.101, 692A.102, 692A.126, 903B. Definition of forcible felony, see §702.

713.4 Attempted burglary in the first degree.

  1. A person commits attempted burglary in the first degree if, while perpetrating an

§713.4, BURGLARY 2

attempted burglary in or upon an occupied structure in which one or more persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or intentionally or recklessly inflicts bodily injury on any person.

  1. Attempted burglary in the first degree is a class “C” felony.
  2. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [ 81 Acts, ch 204, §8] C83, §713. 92 Acts, ch 1231, §58; 94 Acts, ch 1107, §16; 2010 Acts, ch 1104, §17, 23 Referred to in §692A.102, 692A.

713.5 Burglary in the second degree.

  1. A person commits burglary in the second degree in either of the following circumstances: a. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person. b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.
  2. Burglary in the second degree is a class “C” felony.
  3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [C79, 81, §713.3] C83, §713. 92 Acts, ch 1231, §59; 94 Acts, ch 1107, §17; 2010 Acts, ch 1104, §18, 23 Referred to in §692A.102, 692A.

713.6 Attempted burglary in the second degree.

  1. A person commits attempted burglary in the second degree in either of the following circumstances: a. While perpetrating an attempted burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person. b. While perpetrating an attempted burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.
  2. Attempted burglary in the second degree is a class “D” felony.
  3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [ 81 Acts, ch 204, §8] 92 Acts, ch 1231, §60; 94 Acts, ch 1107, §18; 2010 Acts, ch 1104, §19, 23 Referred to in §692A.102, 692A.

713.6A Burglary in the third degree.

  1. All burglary which is not burglary in the first degree or burglary in the second degree is burglary in the third degree. Burglary in the third degree is a class “D” felony, except as provided in subsection 2.
  2. Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is an aggravated misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.
  3. For purposes of determining whether the person should register as a sex offender