PL 140.20 · Article 140

Burglary in the Third Degree

Burglary in the third degree means entering or remaining unlawfully in a building with intent to commit a crime inside. No one has to be home and nothing has to be taken.

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What the prosecutor must prove

  • You entered or remained in a building.
  • You were not licensed or privileged to be there.
  • You intended to commit a crime inside.

Defenses that commonly apply

  • You had permission to enter, or the premises were open to you.
  • There was no intent to commit a separate crime inside.
  • The structure does not meet the legal definition of a building.

Penalties and collateral consequences

A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

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