Iowa burglary degrees come down to three levels. First degree burglary in Iowa is a class "B" felony with a maximum of 25 years in prison. Second degree burglary is a class "C" felony with a maximum of 10 years. Third degree burglary is usually a class "D" felony with a maximum of five years, and in some vehicle cases it is an aggravated misdemeanor.
The degree depends mostly on three things: whether anyone was present, whether the person had a weapon or explosive, and whether anyone was hurt. This guide explains each degree in plain terms. If you or a family member is facing burglary charges in Iowa, our burglary defense page explains how Fitch & Stahle Law Office handles these cases in Sioux City and across Siouxland.
How Iowa defines burglary
Iowa Code section 713.1 defines burglary. A person commits burglary when, with the intent to commit a felony, assault or theft inside, the person does one of these things:
- Enters an occupied structure that is not open to the public, with no right, license or privilege to be there
- Stays in an occupied structure after it closes to the public, or after the person's right to be there has ended
- Breaks an occupied structure
Two points surprise many people. First, the law focuses on intent at the time. Section 713.1 does not require that anything was actually taken.
Second, "occupied structure" does not mean someone was inside. Under Iowa Code section 702.12, the term covers buildings, structures, and land, water or air vehicles that are adapted for overnight stays, used for business or other activity, or used to store anything of value. The statute says a place is an occupied structure whether or not a person is actually present.
First degree burglary in Iowa
Iowa Code section 713.3 covers burglary in the first degree. It applies when a burglary happens in or upon an occupied structure where one or more persons are present, and any one of these is true:
- The person has an explosive or incendiary device or material
- The person has a dangerous weapon
- The person intentionally or recklessly causes bodily injury to any person
- The person performs or takes part in a sex act that would be sexual abuse under Iowa Code section 709.1
First degree burglary is a class "B" felony. Iowa Code section 702.11 also lists it as a forcible felony. That matters at sentencing, because Iowa Code section 907.3 says its deferred judgment, deferred sentence and suspended sentence options do not apply to a forcible felony.
Second degree burglary in Iowa
Iowa Code section 713.5 describes two ways a burglary can be second degree:
- No one is present, but the person has an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person
- One or more persons are present, but the person has no explosive, incendiary device or dangerous weapon, and no bodily injury is caused to anyone
Second degree burglary is a class "C" felony.
Third degree burglary in Iowa
Under Iowa Code section 713.6A, every burglary that is not first or second degree is burglary in the third degree. A common example is entering an empty building to steal, with no weapon and no one hurt. Third degree burglary is a class "D" felony, with one exception.
The vehicle rule
Section 713.6A treats a burglary of an unoccupied motor vehicle, motor truck or vessel differently. A first offense is an aggravated misdemeanor instead of a felony. A second or later conviction under that rule is punished as a class "D" felony.
Attempted burglary charges
Iowa also charges attempts. Iowa Code section 713.2 defines attempted burglary as trying to enter, remain in, or break an occupied structure with the same intent. Each attempt level sits one step below the completed crime:
- Attempted burglary in the first degree is a class "C" felony (Iowa Code section 713.4)
- Attempted burglary in the second degree is a class "D" felony (Iowa Code section 713.6)
- Attempted burglary in the third degree is an aggravated misdemeanor (Iowa Code section 713.6B)
For an attempt involving an unoccupied motor vehicle, motor truck or vessel, section 713.6B makes a first offense a serious misdemeanor. A second or later conviction is an aggravated misdemeanor.
Penalties for burglary charges in Iowa
The burglary statutes set the class of each offense. Iowa Code sections 902.9 and 903.1 set the maximum sentence and fine range for each class:
- Class "B" felony: no more than 25 years in prison
- Class "C" felony: no more than 10 years in prison, plus a fine of at least $1,370 and up to $13,660
- Class "D" felony: no more than five years in prison, plus a fine of at least $1,025 and up to $10,245
- Aggravated misdemeanor: up to two years, plus a fine of at least $855 and up to $8,540
- Serious misdemeanor: up to one year, plus a fine of at least $430 and up to $2,560
The class "C" and class "D" limits in section 902.9 apply to a person who is not a habitual offender. Under Iowa Code section 911.1, the court also adds a crime services surcharge equal to 15 percent of the fine.
These are maximums and ranges set by statute. The actual result in a case depends on the charge, the facts and the person's record. You can read more about how we handle felony cases and misdemeanors.
How burglary differs from theft, robbery and trespass
These charges are often confused, and they can be filed together.
- Theft. Iowa Code section 714.1 defines theft to include taking possession or control of another person's property with the intent to deprive that person of it. Theft is about the property. Burglary is about the entry and the intent.
- Robbery. Under Iowa Code section 711.1, robbery involves an assault or certain threats made to carry out an intended theft or to escape. Robbery is a crime against a person. Like burglary, it does not require that property was actually stolen.
- Trespass. Iowa Code section 716.7 defines trespass, and section 716.8 makes a knowing trespass on another person's property a simple misdemeanor, with higher penalties in some situations. Burglary requires more: an occupied structure and the intent to commit a felony, assault or theft inside.
Nebraska handles burglary differently
Our office is in South Sioux City, Nebraska, and we serve clients in both states. Nebraska does not divide burglary into degrees.
Under Neb. Rev. Stat. § 28-507, a person commits burglary by willfully, maliciously and forcibly breaking and entering any real estate or any improvements on it, with intent to commit any felony or to steal property of any value. It is one offense, a Class IIA felony. Neb. Rev. Stat. § 28-105 sets the Class IIA maximum at 20 years in prison, with no minimum.
Frequently asked questions
How many burglary degrees does Iowa have?
Three. Iowa Code chapter 713 defines burglary in the first, second and third degree, plus an attempted version of each. Iowa has no fourth degree burglary.
Is burglary always a felony in Iowa?
No. First and second degree burglary are always felonies, but a first offense third degree burglary of an unoccupied motor vehicle, motor truck or vessel is an aggravated misdemeanor under Iowa Code section 713.6A.
Can I be charged with burglary if nothing was stolen?
Yes. Iowa Code section 713.1 is based on entering, remaining or breaking with the intent to commit a felony, assault or theft. The statute does not require a completed theft.
Talk with a lawyer
Fitch & Stahle Law Office handles criminal defense for people in Sioux City, Iowa, South Sioux City and the rest of Siouxland. Attorneys Thomas A. Fitch and Robert J. Stahle are licensed in both Iowa and Nebraska. Se habla español.
Call (402) 494-3012 to talk with a lawyer about your situation, or contact us online.
This article is general information, not legal advice. Laws change, and every case is different. Talk with a lawyer about your own situation.