Burglary in the second degree
This law covers breaking into places without permission to commit a crime. There are three ways someone can break this law: (1) sneaking into a building or structure to commit a crime inside, (2) breaking into a car or any part of a car to steal something or commit a felony — even just sticking a hand or object inside counts as entering, or (3) going into a restricted area of a business (like a back room with a sign saying no entry) to commit a crime. The punishment depends on which type happened — most cases are a class D felony, but breaking into a car while having a gun or stealing a gun makes it worse (class C felony), and the restricted business area cases start as a misdemeanor but get more serious if it happens again.
Classifications stated in the statute. Actual outcomes vary.
569.170. in the second degree — penalties. — 1. A person commits the of burglary in the second degree when he or she :
(1) Enters or knowingly remains unlawfully in a building or for the purpose of committing a crime therein; or
(2) Enters unlawfully into a motor vehicle or any part of a motor vehicle with the intent to commit any or the offense of . As used in this , "enters" means a person intrudes with:
(a) Any part of the body; or
(b) Any physical object connected with the body;
(3) Enters a of a commercial business for the purpose of committing a crime and the restricted area is:
(a) Commonly reserved for personnel of the commercial business where money or other property is kept; or
(b) Clearly marked with a or signs that indicate to the public that entry is forbidden.
2. (1) Except as provided in subdivision (2) of this , the offense of burglary in the second degree is a .
(2) The offense of burglary in the second degree under:
(a) Subdivision (2) of subsection 1 of this section is a if the person was in possession of a firearm or stole a firearm from the motor vehicle; or
(b) Subdivision (3) of subsection 1 of this section is a unless committed as a second or of subdivision (3) of subsection 1 of this section, in which case it is a .
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2025 S.B. 71)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.