Legal Question in Criminal Law in Minnesota

Re: Burgulary

Subd. 2. Burglary in the second degree. Whoever enters a building without consent and

with intent to commit a crime, or enters a building without consent and commits a crime while in

the building, either directly or as an accomplice, commits burglary in the second degree and may

be sentenced to imprisonment for not more than ten years or to payment of a fine of not more

than $20,000, or both, if:

(a) the building is a dwelling;

(b) the portion of the building entered contains a banking business or other business of

receiving securities or other valuable papers for deposit or safekeeping and the entry is with

force or threat of force;

(c) the portion of the building entered contains a pharmacy or other lawful business or

practice in which controlled substances are routinely held or stored, and the entry is forcible; or

(d) when entering or while in the building, the burglar possesses a tool to gain access to

money or property.

Subd. 3. Burglary in the third degree. Whoever enters a building without consent and with

intent to steal or commit any felony or gross misdemeanor while in the building, or enters a

building without consent and steals or commits a felony or gross misdemeanor while in the

building, either directly or as an accomplice, commits burglary in the third degree and may be

sentenced to imprisonment for not more than five years or to payment of a fine of not more

than $10,000, or both.