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Alaska Statutes

Alaska Stat. § 11.46.310 (2026)

Burglary in the second degree

✓ current as of July 2026
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Sec. 11.46.310. Burglary in the second degree.
 (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building.

 (b) Burglary in the second degree is a class C felony.




Notes of Decisions
Cited in 59 cases (1 in the last 5 years), 1980–2021 · leading case: People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
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People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). · cites it 2× “NO SCIENTER ELEMENT AS TO ENTRY Alaska Stat. § 11.46.310 (a) ("enters or remains unlawfully") Ariz.”
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). · cites it 5× “The state suggests, however, that the legislature’s use of the term “building” in AS 11.46.310 and AS 11.81.900(b)(3) should be distinguished from its use of “premises” in AS 11.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). “Code § 13A-7-5 ; Alaska Stat. § 11.46.310 ; Ariz. Rev. Stat.”
Sears v. State, 713 P.2d 1218 (Alaska Ct. App. 1986). · cites it 3× “Raymond Sears was convicted, following a jury trial, of burglary in the second degree, AS 11.46.310. Alaska Statute 11.46.-310 provides: “(a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to…”
Kanipe v. State, 620 P.2d 678 (Alaska 1980). · cites it 4× “Burglary not in a dwelling has been reclassified in AS 11.46.310. [2] Kanipe stated: "Well, Your Honor, I didn't — I didn't — I don't see how I could have been expected to identify with people who are at the very least, you know, people who are old enough to be my father and my…”
Wells v. State, 687 P.2d 346 (Alaska Ct. App. 1984). · cites it 2× “215 with AS 11.46.310. After finding that two of three alleged mitigating factors had been established, the trial court imposed a sentence of five years, one year less than the presumptive term.”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). · cites it 2× “300(a) & AS 11.46.310(a). [23] AS 11.46.350(a)(1).”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). · cites it 2× “For these reasons, I conclude that the Neal rule does not implicate the Sixth Amendment concerns expressed in Apprendi, Blakely, and Booker . Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
United States v. Cesar Bernel-Aveja, 844 F.3d 206 (5th Cir. 2016). “State “remaining in” statutes that appear to require intent to commit a crime at the time that the defendant’s presence on the property first becomes unlawful include: Alaska Stat. § 11.46.310 (2014) 135 Ask. Code Ann.”
State v. Ison, 744 P.2d 416 (Alaska Ct. App. 1987). · cites it 3× “In this case, we are asked to interpret AS 11.46.310, defining burglary, and to determine whether the trial court properly dismissed an indictment based upon a finding that the evidence presented to the grand jury, which returned a burglary indictment against Bryan R.”
State v. Sanchez, 735 P.2d 536 (N.M. Ct. App. 1987). · cites it 2× “In Alaska, burglary is defined under Alaska Stat. § 11.46.310 (a) (1986), which reads: A person commits the crime of burglary * * * if the person enters or remains unlawfully in a building with intent to commit a crime in the building.”
Pushruk v. State, 780 P.2d 1044 (Alaska Ct. App. 1989). · cites it 4× “310(a) defines burglary in the second degree: Section 11.46.310. Burglary in the second degree, (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building.”
Show all 59 citing cases →
— Alaska Stat. § 11.46.310(a) — 26 cases
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). “The state suggests, however, that the legislature’s use of the term “building” in AS 11.46.310 and AS 11.81.900(b)(3) should be distinguished from its use of “premises” in AS 11.”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “300(a) & AS 11.46.310(a). [23] AS 11.46.350(a)(1).”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “For these reasons, I conclude that the Neal rule does not implicate the Sixth Amendment concerns expressed in Apprendi, Blakely, and Booker . Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992).
Pushruk v. State, 780 P.2d 1044 (Alaska Ct. App. 1989). “310(a) defines burglary in the second degree: Section 11.46.310. Burglary in the second degree, (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building.”
— Alaska Stat. § 11.46.310(a)(2) — 1 case
Walters v. State, 798 P.2d 357 (Alaska Ct. App. 1990).
— Alaska Stat. § 11.46.310(b) — 2 cases
Waters v. State, 64 P.3d 169 (Alaska Ct. App. 2003).
Gibson v. State, 719 P.2d 687 (Alaska Ct. App. 1986).
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