Code of Alabama
Ala. Code § 13A-7-7 (2026)
Burglary in the Third Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of burglary in the third degree if any of the following occur:
(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein.
(2) He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein.
(3) He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.
(4) He or she knowingly enters or remains unlawfully in a dwelling and intentionally causes one thousand dollars ($1,000) or more in damage to the dwelling.
(b) Burglary in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §2612; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, p. 476, §2; Act 2024-237, §2.)
Notes of Decisions
Cited in 133
cases (2 in the last 5 years), 1981–2024 · leading case: United States v. Frank M. Howard, 742 F.3d 1334 (11th Cir. 2014).
United States v. Frank M. Howard, 742 F.3d 1334 (11th Cir. 2014). “CARNES, Chief Judge: This Court has held that a conviction under Alabama’s third-degree burglary statute, Ala.Code § 13A-7-7, can qualify as a “violent felony” under the Armed Career Criminal Act (ACCA), 18 U.”
Phillips v. State, 65 So. 3d 971 (Ala. Crim. App. 2010). “Burglary in the third degree, see § 13A-7-7, Ala.Code 1975, for the burglary of VFW Post 3454 (count II of the indictment).”
Ziglar v. United States, 201 F. Supp. 3d 1315 (M.D. Ala. 2016). “It held that, under Descamps , Alabama’s third-degree burglary statute is “non-generic and indivisible, which means that a conviction under Alabama Code § 13A-7-7 cannot qualify as generic burglary under the ACCA” and, thus, is not a predicate offense under the ACCA’s…”
United States v. Larry Levern Jones, 743 F.3d 826 (11th Cir. 2014). “At the time Jones was sentenced in March 2011, the law in this circuit was that convictions under Alabama’s third-degree burglary statute, Ala.Code § 13A-7-7, could qualify as violent felonies for purposes of the ACCA.”
United States v. Rainer, 616 F.3d 1212 (11th Cir. 2010). “1 The specific question in this case is whether a conviction for violating Alabama’s third-degree burglary statute, Ala.Code § 13A-7-7, is a “violent felony” for ACCA purposes.”
United States v. Nathan E. Gundy, 842 F.3d 1156 (11th Cir. 2016). “” Ala. Code § 13A-7-7(a) (2014) (emphasis added).”
Ex Parte Kennedy, 472 So. 2d 1106 (Ala. 1985). “" Code 1975, § 13A-7-7. A defendant is not entitled to charges on lesser included offenses where the only reasonable conclusion from the testimony is that he is guilty of the crime charged or no crime at all.”
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).”
Sanders v. State, 145 So. 3d 92 (Ala. 2013). “The State of Alabama petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals’ decision reversing Curtis Maurice Sanders’s conviction for third-degree burglary, see § 13A-7-7(a), Ala.Code 1975, that was entered pursuant to a guilty plea.”
Doster v. State, 72 So. 3d 50 (Ala. Crim. App. 2010). “” 11 Section 13A-7-7, Ala.Code 1975, states: “A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.”
Hollins v. State, 737 So. 2d 1056 (Ala. Crim. App. 1999). “On February 25, 1997, the appellant pleaded guilty to burglary in the third degree, a violation of § 13A-7-7, Ala.Code 1975. He was sentenced to 15 years' imprisonment.”
Knotts v. State, 686 So. 2d 431 (Ala. Crim. App. 1995). “did knowingly enter or remain unlawfully in a building of Carrie Ware, with intent to commit a crime therein, theft of property, in violation of Section 13A-7-7." [5] The pertinent portion of the indictment reads, "William Thomas Knotts, did knowingly obtain or exert…”
— Ala. Code § 13A-7-7(a) — 18 cases
United States v. Nathan E. Gundy, 842 F.3d 1156 (11th Cir. 2016). “” Ala. Code § 13A-7-7(a) (2014) (emphasis added).”
Sanders v. State, 145 So. 3d 92 (Ala. 2013). “The State of Alabama petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals’ decision reversing Curtis Maurice Sanders’s conviction for third-degree burglary, see § 13A-7-7(a), Ala.Code 1975, that was entered pursuant to a guilty plea.”
Ziglar v. United States, 201 F. Supp. 3d 1315 (M.D. Ala. 2016). “It held that, under Descamps , Alabama’s third-degree burglary statute is “non-generic and indivisible, which means that a conviction under Alabama Code § 13A-7-7 cannot qualify as generic burglary under the ACCA” and, thus, is not a predicate offense under the ACCA’s…”
Sanders v. State, 145 So. 3d 88 (Ala. Crim. App. 2012).
McGullion v. State, 477 So. 2d 477 (Ala. Crim. App. 1985).
— Ala. Code § 13A-7-7(a)(1) — 3 cases
N.L.O. v. State, 222 So. 3d 1196 (Ala. Crim. App. 2016).
Curtis Walon Caver v. State of Alabama (Ala. Crim. App. 2022).
Carter v. Morgan (S.D. Ala. 2024).
— Ala. Code § 13A-7-7(a)(3) — 1 case
Curtis Walon Caver v. State of Alabama (Ala. Crim. App. 2022).
— Ala. Code § 13A-7-7(b) — 6 cases
Gholston v. State, 620 So. 2d 719 (Ala. 1993).
Haywood v. Alexander, 121 So. 3d 972 (Ala. 2013).
Best v. State, 895 So. 2d 1050 (Ala. Crim. App. 2004).
Steele v. State, 911 So. 2d 21 (Ala. Crim. App. 2004).
Buchanan v. State, 435 So. 2d 142 (Ala. Crim. App. 1982).
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