22-32-1. First degree burglary--Felony.
Any person who enters or remains in an occupied structure, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of first degree burglary if:
(1)The offender inflicts, or attempts or threatens to inflict, physical harm on another;
(2)The offender is armed with a dangerous weapon; or
(3)The offense is committed in the nighttime.
First degree burglary is a Class 2 felony.
Source: SDC 1939, §§13.3701, 13.3705 (1); SDCL, §22-32-2; SL 1976, ch 158, §32-1; SL 1989, ch 200, §1; SL 2005, ch 120, §107.
Structure South Dakota Codified Laws
Chapter 32 - Burglary And Unlawful Entry
Section 22-32-1 - First degree burglary--Felony.
Section 22-32-3 - Second degree burglary--Felony.
Section 22-32-8 - Third degree burglary--Felony.
Section 22-32-15 - Nighttime defined.
Section 22-32-17 - Possession of weapon or tools with intent to commit burglary--Felony.
Section 22-32-19 - Aggravated criminal entry of a motor vehicle--Felony.
Section 22-32-20 - Criminal entry of a motor vehicle--Misdemeanor.