(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) Burglary in the first degree is a Class A felony.
Structure Code of Alabama
Chapter 7 - Offenses Involving Damage to and Intrusion Upon Property.
Article 1 - Burglary and Criminal Trespass.
Section 13A-7-1 - Definitions.
Section 13A-7-2 - Criminal Trespass in the First Degree.
Section 13A-7-3 - Criminal Trespass in the Second Degree.
Section 13A-7-4 - Criminal Trespass in the Third Degree.
Section 13A-7-4.1 - Criminal Trespass by Motor Vehicle.
Section 13A-7-4.2 - Trespass on a School Bus in the First Degree.
Section 13A-7-4.3 - Unauthorized Entry of a Critical Infrastructure.
Section 13A-7-5 - Burglary in the First Degree.
Section 13A-7-6 - Burglary in the Second Degree.