Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1507 (2026)

Burglary in the second degree; classification

✓ current as of May 2026
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A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.

B. Burglary in the second degree is a class 3 felony.

Notes of Decisions
Cited in 110 cases (12 in the last 5 years), 1981–2025 · leading case: State v. Ault, 724 P.2d 545 (Ariz. 1986).
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State v. Ault, 724 P.2d 545 (Ariz. 1986). · cites it 8× “Defendant was convicted on March 21, 1985, of both counts and sentenced to life imprisonment for child molestation and a concurrent 11.”
MARIO W. v. Kaipio, 265 P.3d 389 (Ariz. Ct. App. 2011). · cites it 18× “The State subsequently filed a delinquency petition charging Alexis with count one, burglary in the second degree, in violation of A.R.S. § 13-1507 (2010), and, count two, possession of burglary tools, in violation of A.”
State v. Hankins, 686 P.2d 740 (Ariz. 1984). · cites it 8× “§§ 13-302, -1203, and -1204, is not answered by a determination of whether he had the intent to commit or to aid a killing. A directed verdict on a premeditation theory does not require a directed verdict on a felony murder theory when the underlying felony is burglary.”
State v. Denson, 382 P.3d 1221 (Ariz. Ct. App. 2016). · cites it 6× “§ 13—1505(A)(1), is a lesser-included offense of second degree burglary, A.R.S. § 13-1507. According to Denson, the burglary tools statute is so vague that it "seemingly applies] to a burglar wearing clothes" because, in some broad sense, every burglar—apart from a naked…”
State of Arizona v. Rodney Eugene Hardy, 283 P.3d 12 (Ariz. 2012). · cites it 4× “” A.R.S. §§ 13-1507 to 1508. ¶ 22 The record reflects sufficient evidence to show that Hardy unlawfully entered Meleigha’s residence.”
State v. Carreon, 107 P.3d 900 (Ariz. 2005). · cites it 3× “¶ 105 A person commits burglary in the first degree by violating the provisions of A.R.S. § 13-1507 (2001) and knowingly possessing a deadly weapon.”
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009). · cites it 4× “Arizona’s Burglary Statute Having concluded that generic burglary of a dwelling is not limited to permanent, immovable structures, we must now consider whether the particular statute at issue, Ariz.”
State of Arizona v. Kenneth Wayne Thompson II, 502 P.3d 437 (Ariz. 2022). · cites it 2× “See A.R.S. § 13-1507(A) (stating burglary can be committed “by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein”).”
State v. Wiley, 698 P.2d 1244 (Ariz. 1985). · cites it 4× “§ 13-1105(A)(2); burglary in the second degree, A.R.S. § 13-1507; kidnapping, A.R.S. §§ 13-1304(A)(3) and (4); and robbery, A.”
State v. Lawson, 698 P.2d 1266 (Ariz. 1985). · cites it 4× “§ 13-1105(A)(2); burglary in the second degree, A.R.S. § 13-1507; kidnapping, A.R.S. §§ 13-1304(A)(3) and (4); and robbery, A.”
State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997). · cites it 4× “” A.R.S. § 13-1507(A). If, in addition, the person knowingly possesses a deadly weapon or dangerous instrument, he or she commits first-degree burglary.”
State of Arizona v. Tynerial Ray Kindred, 307 P.3d 1038 (Ariz. Ct. App. 2013). · cites it 3× “” A.R.S. § 13-1507(A). “‘Entry’ means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property.”
Show all 110 citing cases →
— Ariz. Rev. Stat. § 13-1507(A) — 44 cases
State of Arizona v. Kenneth Wayne Thompson II, 502 P.3d 437 (Ariz. 2022). “See A.R.S. § 13-1507(A) (stating burglary can be committed “by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein”).”
State v. Denson, 382 P.3d 1221 (Ariz. Ct. App. 2016). “§ 13—1505(A)(1), is a lesser-included offense of second degree burglary, A.R.S. § 13-1507. According to Denson, the burglary tools statute is so vague that it "seemingly applies] to a burglar wearing clothes" because, in some broad sense, every burglar—apart from a naked…”
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009). “Arizona’s Burglary Statute Having concluded that generic burglary of a dwelling is not limited to permanent, immovable structures, we must now consider whether the particular statute at issue, Ariz.”
State v. Hankins, 686 P.2d 740 (Ariz. 1984). “§§ 13-302, -1203, and -1204, is not answered by a determination of whether he had the intent to commit or to aid a killing. A directed verdict on a premeditation theory does not require a directed verdict on a felony murder theory when the underlying felony is burglary.”
State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997). “” A.R.S. § 13-1507(A). If, in addition, the person knowingly possesses a deadly weapon or dangerous instrument, he or she commits first-degree burglary.”
— Ariz. Rev. Stat. § 13-1507(B) — 3 cases
State v. Martinez, 100 P.3d 30 (Ariz. Ct. App. 2004).
State v. Fernandez (Ariz. Ct. App. 2016).
State v. Johnson (Ariz. Ct. App. 2024).
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