Alaska Stat. » Chapter 11.46
Alaska Statutes

Alaska Stat. § 11.46.300 (2026)

Burglary in the first degree

✓ current as of July 2026
Find cases: SyfertCases citing this section AK-LEGakleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Sec. 11.46.300. Burglary in the first degree.
 (a) A person commits the crime of burglary in the first degree if the person violates AS 11.46.310 and
     (1) the building is a dwelling; or

     (2) in effecting entry or while in the building or immediate flight from the building, the person
          (A) is armed with a firearm;

          (B) causes or attempts to cause physical injury to a person; or

          (C) uses or threatens to use a dangerous instrument.

 (b) Burglary in the first degree is a class B felony.




Notes of Decisions
Cited in 90 cases (10 in the last 5 years), 1981–2025 · leading case: Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005).
Sort: Relevance Newest Treatment
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). · cites it 6× “[22] See AS 11.46.300(a) & AS 11.46.310(a). [23] AS 11.”
United States v. Stitt, 139 S. Ct. 399 (2018). “APPENDIX Alaska Stat. §§ 11.46.300 , 11.46.310, 11.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992). · cites it 6× “However, the legislative commentary to AS 11.46.300 declares that “there is no requirement that the defendant use the firearm”.”
Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). · cites it 2× “Lacquement appeals from sentences received upon conviction of three counts of burglary in the first degree, in violation of AS 11.46.300(a)(1). On September 27, 1980, Lacquement unlawfully entered three adjacent residences in the city of Homer, Alaska; he stole property of value…”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019). “Code §§ 13A-7-1, 13A-7-5, 13A-7-6, 13A-7-7 (1983); Alaska Stat. §§ 11.46.300 , 11.46.310, 11.”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). · cites it 2× “Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
State v. Contreras, 674 P.2d 792 (Alaska Ct. App. 1983). · cites it 2× “GRUMBLES Ricky Glen Grumbles was charged in an indictment with burglary in the first degree, AS 11.46.300(a)(2)(A); attempted murder in the first degree, AS 11.”
United States v. Cesar Bernel-Aveja, 844 F.3d 206 (5th Cir. 2016). “Code § 13a-7-5; Alaska Stat. § 11.46.300 ; Ariz. Rev. Stat.”
Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982). “AS 11.46.300. 2 . AS 11.41.410. 3 .The burglary and sexual assault committed by Juneby arose “out of a single, continuous criminal episode during which there was no substantial change in the nature of the criminal objective .”
Nix v. State, 653 P.2d 1093 (Alaska Ct. App. 1982). · cites it 2× “125(c)(3), and a presumptive term of six years for each of the corresponding burglaries, AS 11.46.300(b), AS 12.55.125(d)(2). *1101 When we remember that Nix's extensive juvenile record included burglary convictions and that his first adult felony was a burglary conviction, the…”
Ridgely v. State, 705 P.2d 924 (Alaska Ct. App. 1985). · cites it 4× “100(a)(1); AS 11.46.300(a)(1); AS 11.46.100(1); AS 11.”
Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 1985). · cites it 2× “, AS 11.46.300; AS 11.46.350(a)(1). In Juneby I, we rejected a finding that Juneby's conduct was among the most serious within the contemplation of the offense.”
Show all 90 citing cases →
— Alaska Stat. § 11.46.300(a) — 6 cases
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “[22] See AS 11.46.300(a) & AS 11.46.310(a). [23] AS 11.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992). “However, the legislative commentary to AS 11.46.300 declares that “there is no requirement that the defendant use the firearm”.”
Schuenemann v. State, 781 P.2d 1005 (Alaska Ct. App. 1989).
Kirby v. State, 649 P.2d 963 (Alaska Ct. App. 1982).
Rhames v. State, 907 P.2d 21 (Alaska Ct. App. 1995).
— Alaska Stat. § 11.46.300(a)(1) — 53 cases
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “[22] See AS 11.46.300(a) & AS 11.46.310(a). [23] AS 11.”
Ridgely v. State, 705 P.2d 924 (Alaska Ct. App. 1985). “100(a)(1); AS 11.46.300(a)(1); AS 11.46.100(1); AS 11.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992). “However, the legislative commentary to AS 11.46.300 declares that “there is no requirement that the defendant use the firearm”.”
Moore v. State, 174 P.3d 770 (Alaska Ct. App. 2008).
Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). “Lacquement appeals from sentences received upon conviction of three counts of burglary in the first degree, in violation of AS 11.46.300(a)(1). On September 27, 1980, Lacquement unlawfully entered three adjacent residences in the city of Homer, Alaska; he stole property of value…”
— Alaska Stat. § 11.46.300(a)(2) — 1 case
Coleman v. State, 407 P.3d 502 (Alaska Ct. App. 2017).
— Alaska Stat. § 11.46.300(a)(2)(A) — 6 cases
State v. Contreras, 674 P.2d 792 (Alaska Ct. App. 1983). “GRUMBLES Ricky Glen Grumbles was charged in an indictment with burglary in the first degree, AS 11.46.300(a)(2)(A); attempted murder in the first degree, AS 11.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992). “However, the legislative commentary to AS 11.46.300 declares that “there is no requirement that the defendant use the firearm”.”
Champion v. State, 908 P.2d 454 (Alaska Ct. App. 1995).
Kinnish v. State, 777 P.2d 1179 (Alaska Ct. App. 1989).
Ecklund v. State, 730 P.2d 161 (Alaska Ct. App. 1986).
— Alaska Stat. § 11.46.300(a)(2)(C) — 1 case
Semancik v. State, 57 P.3d 682 (Alaska Ct. App. 2002).
— Alaska Stat. § 11.46.300(b) — 9 cases
Nix v. State, 653 P.2d 1093 (Alaska Ct. App. 1982). “125(c)(3), and a presumptive term of six years for each of the corresponding burglaries, AS 11.46.300(b), AS 12.55.125(d)(2). *1101 When we remember that Nix's extensive juvenile record included burglary convictions and that his first adult felony was a burglary conviction, the…”
Milligrock v. State, 118 P.3d 11 (Alaska Ct. App. 2005).
Lacquement v. State, 644 P.2d 856 (Alaska Ct. App. 1982). “Lacquement appeals from sentences received upon conviction of three counts of burglary in the first degree, in violation of AS 11.46.300(a)(1). On September 27, 1980, Lacquement unlawfully entered three adjacent residences in the city of Homer, Alaska; he stole property of value…”
Wasson v. State, 652 P.2d 117 (Alaska Ct. App. 1982).
Active v. State, 153 P.3d 355 (Alaska Ct. App. 2007).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.