Effective - 01 Jan 2017, 2 histories
569.170. Burglary in the second degree — penalty. — 1. A person commits the offense of burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.
2. The offense of burglary in the second degree is a class D felony.
--------
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
(1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A.), 613 S.W.2d 143.
(1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.
(1984) Crime of burglary requires proof of incursion into a building or inhabitable structure; an unlicensed entry upon open real property for whatever unlawful purpose does not constitute burglary. State v. Butler (Mo.App.), 665 S.W.2d 41.
(1984) An entry, however slight, by any part of the defendant's body is sufficient to establish the element of entry. State v. Sincup (Mo.App.), 674 S.W.2d 689.
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 569 - Arson, Burglary, Trespass, and Related Offenses
Section 569.010 - Chapter definitions.
Section 569.040 - Arson in the first degree — penalty.
Section 569.050 - Arson in the second degree — penalty.
Section 569.053 - Arson in the third degree — penalty.
Section 569.055 - Knowingly burning or exploding — penalty.
Section 569.060 - Reckless burning or exploding — penalty.
Section 569.065 - Negligent burning or exploding — penalty.
Section 569.075 - Possessing a tool to break into a vending machine — penalty.
Section 569.080 - Tampering in the first degree — penalty.
Section 569.086 - Trespass on a critical infrastructure facility — penalty.
Section 569.090 - Tampering in the second degree — penalties.
Section 569.095 - Tampering with computer data — penalties.
Section 569.097 - Tampering with computer equipment — penalties.
Section 569.099 - Tampering with computer users — penalties.
Section 569.100 - Property damage in the first degree — penalties.
Section 569.120 - Property damage in the second degree — penalty.
Section 569.130 - Claim of right.
Section 569.132 - Prohibited acts — involving crops — penalties.
Section 569.135 - Unlawfully entering or defacing a cave or cavern — penalty.
Section 569.137 - Polluting cave or subsurface waters — penalty.
Section 569.140 - Trespass in the first degree — penalty.
Section 569.150 - Trespass in the second degree — penalty.
Section 569.160 - Burglary in the first degree — penalty.