New York Penal - Article 140 - § 140.25 Burglary in the Second Degree
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New York Laws > Penal > New York Penal - Article 140 - § 140.25 Burglary in the Second Degree
§ 140.25 Burglary in the second degree.
A person is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:
1. In effecting entry or while in the building or in immediate flight
therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in
the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
2. The building is a dwelling.
Burglary in the second degree is a class C felony.
Section: Article 140 140.00 140.05 140.10 140.15 140.17 140.20 140.25 140.30 140.35 140.40
Last modified: February 16, 2014