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

Ariz. Rev. Stat. § 13-1508 (2026)

Burglary in the first degree; classification

✓ current as of May 2026
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A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.

B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

Notes of Decisions
Cited in 76 cases (6 in the last 5 years), 1980–2025 · leading case: State v. Eastlack, 883 P.2d 999 (Ariz. 1994).
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State v. Eastlack, 883 P.2d 999 (Ariz. 1994). · cites it 8× “A.R.S. § 13-1508. Defendant argues that he was not armed.”
State of Arizona v. Jason Eugene Bush, 423 P.3d 370 (Ariz. 2018). · cites it 8× “§ 13-1204, first degree burglary, A.R.S. § 13-1508, armed robbery, A.R.S. § 13-1904, and aggravated robbery, A.”
State v. Befford, 715 P.2d 761 (Ariz. 1986). · cites it 12× “HAYS, Justice After a jury trial, defendant, Lee Artis Befford, was convicted of one count of burglary in the first degree, A.R.S. § 13-1508(A). The trial court sentenced defendant to the presumptive term of 12.”
State v. Davis, 79 P.3d 64 (Ariz. 2003). · cites it 4× “Those guilty of kidnapping a person older than fifteen, A.”
State of Arizona v. George Benjamin Larin, 310 P.3d 990 (Ariz. Ct. App. 2013). · cites it 5× “in the course of committing any theft or any felony,” AR.S. § 13-1508(A). The element that distinguishes first-degree burglary from the lesser-ineluded offense of second-degree burglary is the knowing possession of a weapon while committing a theft or felony inside the residence.”
State v. Greenway, 823 P.2d 22 (Ariz. 1991). · cites it 4× “§ 13-1105, one count of first degree burglary pursuant to A.R.S. § 13-1508, one count of armed robbery pursuant to A.”
Valle Del Sol v. State of Arizona, 732 F.3d 1006 (9th Cir. 2013). · cites it 2× “, Ariz. Rev. Stat. § 13-1508 (A) (“A person commits burglary in the first degree if such person or an accomplice violates the provisions of either § 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any…”
State v. Allie, 710 P.2d 430 (Ariz. 1985). · cites it 4× “S. § 13-604.01. The sentences were to run concurrently with each other, but consecutively to the sentence reimposed upon revocation of his probation.”
State v. Noriega, 690 P.2d 775 (Ariz. 1984). · cites it 4× “Defendant-appellant, Vivian Rhea Noriega, and codefendants, Charles Clemens and Jerry Wilkerson, were charged with burglary in the first degree in violation of A.R.S. § 13-1508, a class-2 felony. The defendant was also charged with aggravated assault in violation of A.”
State v. McKeon, 38 P.3d 1236 (Ariz. Ct. App. 2002). · cites it 4× “Had the jury been properly instructed on the subject, it could not have reasonably found that, at the time of the shootings, McKeon was so cognitively impaired that he did not know what he was doing or did not intend the natural consequences of his acts.”
State v. Bartlett, 830 P.2d 823 (Ariz. 1992). · cites it 4× “Included within this scheme of punishment for class 2 felonies are the following crimes, all potentially more serious than the offenses committed by this defendant: kidnapping, A.”
State of Arizona v. Cynthia D. Johnson, 156 P.3d 445 (Ariz. Ct. App. 2007). · cites it 5× “Pursuant to A.R.S. § 13-1508, what would otherwise have been a second-degree burglary of the Snyders' home, see A.”
Show all 76 citing cases →
— Ariz. Rev. Stat. § 13-1508(A) — 27 cases
State v. Befford, 715 P.2d 761 (Ariz. 1986). “HAYS, Justice After a jury trial, defendant, Lee Artis Befford, was convicted of one count of burglary in the first degree, A.R.S. § 13-1508(A). The trial court sentenced defendant to the presumptive term of 12.”
State of Arizona v. George Benjamin Larin, 310 P.3d 990 (Ariz. Ct. App. 2013). “in the course of committing any theft or any felony,” AR.S. § 13-1508(A). The element that distinguishes first-degree burglary from the lesser-ineluded offense of second-degree burglary is the knowing possession of a weapon while committing a theft or felony inside the residence.”
State v. Eastlack, 883 P.2d 999 (Ariz. 1994). “A.R.S. § 13-1508. Defendant argues that he was not armed.”
State v. KUHS, 224 P.3d 192 (Ariz. 2010).
State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997).
— Ariz. Rev. Stat. § 13-1508(B) — 2 cases
State v. Miguel, 611 P.2d 125 (Ariz. Ct. App. 1980).
State v. Wylie (Ariz. Ct. App. 2020).
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