Section 14.63 Burglary

• Library: Criminal Practice 2012 Supp

1. (§14.63) Burglary

Burglary may be either first degree, § 569.160, RSMo 2000, or second degree, § 569.170, RSMo 2000. Both degrees involve knowingly entering unlawfully or knowingly remaining unlawfully in a building or inhabitable structure for the purpose of committing a crime in it. First degree requires the additional element of:

· the use of explosives or a deadly weapon;

· the causing or threatening of immediate physical injury in effecting the entry or while within or in immediate flight from an inhabitable structure or building; or

· the presence in the structure of another person other than a participant in the crime.

Ownership of the burglarized premises by someone else must be proven, but proof of use of the premises by someone else is sufficient. State v. Milligan, 648 S.W.2d 913 (Mo. App. W.D. 1983); State v. Lawrence, 566 S.W.2d 243 (Mo. App. E.D. 1978).

There are also two degrees of trespass. Trespass in the first degree, under some...