Code of Alabama
Ala. Code § 13A-7-6 (2026)
Burglary in the Second Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.
(c) Burglary in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2611; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Act 2006-198, p. 286, §1.)
Notes of Decisions
Cited in 50
cases (4 in the last 5 years), 1981–2026 · leading case: People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “UNCLEAR WHETHER SCIENTER REQUIREMENT APPLIES TO UNLAWFULNESS OF ENTRY OR ONLY TO REMAINING UNLAWFULLY Ala. Code § 13A-7-6(a) ("knowingly enters or remains unlawfully") Del.”
Garrison v. State, 521 So. 2d 997 (Ala. Crim. App. 1987). “The indictment charges the appellant with a violation of § 13A-7-6, which states: "(a) A person commits the crime of burglary in the second degree if he knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting…”
Saunders v. State, 10 So. 3d 53 (Ala. Crim. App. 2007). “” § 13A-7-6, Ala. Code 1975. Finally, “ ‘[t]he elements of the crime of attempted murder are intent to kill and an overt act towards commission of that act.”
McCullough v. State, 21 So. 3d 758 (Ala. 2009). “Christopher McCullough was convicted of one count of second-degree burglary, a violation of § 13A-7-6(b), Ala.Code 1975. The trial court sentenced him to 80 months in prison.”
Daniel v. State, 86 So. 3d 405 (Ala. Crim. App. 2011). “], with intent to commit a theft or a felony therein, to-wit: Rape, in violation of Section 13A-7-6(b) of the Alabama Criminal Code.”
United States v. Mark Leroy Sparks, 265 F.3d 825 (9th Cir. 2001). “Ala.Code §§ 13A-7-6, 13A-7-7; Haw.Rev. Stat.”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996). “NOTES [1] The definition of burglary in the second degree in § 13A-7-6(a) is virtually identical except that it uses the word "building" where § 13A-7-5(a) uses the word "dwelling" and uses the phrase "theft or a felony" where § 13A-7-5(a) uses the word "crime.”
Phillips v. State, 462 So. 2d 981 (Ala. Crim. App. 1984). “Commentary to Alabama Code 1975, § 13A-7-7 (under the present Criminal Code, second degree burglary, § 13A-7-6, encompasses former second degree burglary, § 13-2-41).”
Davis v. State, 737 So. 2d 480 (Ala. 1999). “There must be proof that the defendant "remain[ed] unlawfully in a dwelling with intent to commit a crime therein," § 13A-7-5(a), or "remain[ed] unlawfully in a building with intent to commit theft or a felony therein," § 13A-7-6(a). I simply do not think that an absence of…”
Murphy v. State, 108 So. 3d 531 (Ala. Crim. App. 2012). “Code 1975; one count of burglary in the second degree, a violation of § 13A-7-6, Ala.Code 1975; one count of making a terrorist threat, a violation of § 13A-10-15, Ala.”
Snipes v. State, 404 So. 2d 106 (Ala. Crim. App. 1981). “, while armed with a deadly weapon, a knife, and then fleeing therefrom following entry, contrary to § 13A-7-6 of the Code of Alabama 1975. The jury found the appellant "guilty of the lesser included offense of burglary in the third degree" and after conducting a separate…”
Morris v. State, 196 So. 3d 1256 (Ala. Crim. App. 2015). “” At trial, Morris requested that the trial court instruct the jury on second-degree burglary under § 13A-7-6(b), Aa.Code 1975, as a lesser-included offense.”
— Ala. Code § 13A-7-6(a) — 6 cases
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “UNCLEAR WHETHER SCIENTER REQUIREMENT APPLIES TO UNLAWFULNESS OF ENTRY OR ONLY TO REMAINING UNLAWFULLY Ala. Code § 13A-7-6(a) ("knowingly enters or remains unlawfully") Del.”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996). “NOTES [1] The definition of burglary in the second degree in § 13A-7-6(a) is virtually identical except that it uses the word "building" where § 13A-7-5(a) uses the word "dwelling" and uses the phrase "theft or a felony" where § 13A-7-5(a) uses the word "crime.”
Davis v. State, 737 So. 2d 480 (Ala. 1999). “There must be proof that the defendant "remain[ed] unlawfully in a dwelling with intent to commit a crime therein," § 13A-7-5(a), or "remain[ed] unlawfully in a building with intent to commit theft or a felony therein," § 13A-7-6(a). I simply do not think that an absence of…”
Murphy v. State, 108 So. 3d 531 (Ala. Crim. App. 2012). “Code 1975; one count of burglary in the second degree, a violation of § 13A-7-6, Ala.Code 1975; one count of making a terrorist threat, a violation of § 13A-10-15, Ala.”
United States v. John Michael Baird, 514 F. App'x 898 (11th Cir. 2013).
— Ala. Code § 13A-7-6(a)(1) — 1 case
Peterson v. State, 12 So. 3d 154 (Ala. Crim. App. 2007).
— Ala. Code § 13A-7-6(a)(2) — 1 case
Greer v. State, 649 So. 2d 1288 (Ala. Crim. App. 1993).
— Ala. Code § 13A-7-6(a)(3) — 2 cases
Garrison v. State, 521 So. 2d 997 (Ala. Crim. App. 1987). “The indictment charges the appellant with a violation of § 13A-7-6, which states: "(a) A person commits the crime of burglary in the second degree if he knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting…”
Peterson v. State, 12 So. 3d 154 (Ala. Crim. App. 2007).
— Ala. Code § 13A-7-6(a)(l) — 1 case
McGullion v. State, 477 So. 2d 477 (Ala. Crim. App. 1985).
— Ala. Code § 13A-7-6(b) — 19 cases
McCullough v. State, 21 So. 3d 758 (Ala. 2009). “Christopher McCullough was convicted of one count of second-degree burglary, a violation of § 13A-7-6(b), Ala.Code 1975. The trial court sentenced him to 80 months in prison.”
Daniel v. State, 86 So. 3d 405 (Ala. Crim. App. 2011). “], with intent to commit a theft or a felony therein, to-wit: Rape, in violation of Section 13A-7-6(b) of the Alabama Criminal Code.”
Morris v. State, 196 So. 3d 1256 (Ala. Crim. App. 2015). “” At trial, Morris requested that the trial court instruct the jury on second-degree burglary under § 13A-7-6(b), Aa.Code 1975, as a lesser-included offense.”
Arnold v. State, 668 So. 2d 111 (Ala. Crim. App. 1995).
McCullough v. State, 21 So. 3d 755 (Ala. Crim. App. 2007).
— Ala. Code § 13A-7-6(c) — 4 cases
Evans v. State, 568 So. 2d 878 (Ala. Crim. App. 1990).
Andrews v. State, 507 So. 2d 997 (Ala. Crim. App. 1986).
United States v. John Michael Baird, 514 F. App'x 898 (11th Cir. 2013).
Peterson v. State, 12 So. 3d 154 (Ala. Crim. App. 2007).
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