Delaware Code

11 Del. C. § 824 (2026)

Burglary in the third degree; class F felony

✓ current as of May 2026

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A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

Burglary in the third degree is a class F felony.

11 Del. C. 1953, § 824; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 215, § 1;

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1976–2026 · leading case: Gibbs v. State, 359 A.2d 164 (Del. 1976).

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Gibbs v. State, 359 A.2d 164 (Del. 1976). “DUFFY, Justice: Defendant was convicted by a Superior Court jury of burglary in the third degree, *165 11 Del.C. § 824, and felony-theft, 11 Del.”

State v. Forster (Del. Super. Ct. 2019). “Forster (“Forster”) pled guilty to one count of Burglary in the Third Degree, 11 Del C. § 824 and one count of Conspiracy in the Second Degree, 11 Del.”

Com. v. Smith, R. (Pa. Super. Ct. 2020). “” 11 Del.C. § 824. Furthermore, in Commonwealth v.”

Massengill v. State (Del. 2026). “3, 2015, to July 30, 2023) (designating certain felonies as violent felonies, and not including third-degree burglary under 11 Del. C. § 824 or theft of a firearm under 11 Del.”

United States v. Bell, 288 F. App'x 810 (3rd Cir. 2008). “Delaware’s burglary in the third degree statute provides, “A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.”

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