Delaware Code

11 Del. C. § 825 (2026)

Burglary in the second degree; class D felony

✓ current as of May 2026

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(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein.

(b) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein and where the person is armed with explosives or a deadly weapon or where the person causes physical injury to any other person who is not a participant in the crime.

Burglary in the second degree is class D felony.

11 Del. C. 1953, § 825; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 7; 74 Del. Laws, c. 106, § 4; 74 Del. Laws, c. 345, § 4; 82 Del. Laws, c. 215, § 1;

Notes of Decisions

Cited in 30 cases (13 in the last 5 years), 1974–2026 · leading case: Styler v. State, 417 A.2d 948 (Del. 1980).

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Styler v. State, 417 A.2d 948 (Del. 1980). “” Burglary in the second degree, 11 Del.C. § 825: “A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully: (1) In a dwelling with intent to commit a crime therein; or (2) In a building and when, in effecting entry or while in the…”

McLaughlin v. Carroll, 270 F. Supp. 2d 490 (D. Del. 2003). “According to 11 Del.Code Ann. § 825, a person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully: (1) In a dwelling with intent to commit a crime therein According to 11 Del.”

State v. Hamilton, 318 A.2d 624 (Del. Super. Ct. 1974). “§ 393 has since been repealed and replaced by 11 Del.C. § 825 (Non-Cumm.Supp.1972).”

State v. Livesay (Del. Super. Ct. 2020). · cites it 3× “2 The first 3 years of this sentence is a mandatory term of incarceration pursuant to 11 Del. C. § 825, 74 Laws 2004, ch. 345, § 4, eff.”

Cammile v. State (Del. 2015). · cites it 4× “The May 12, 2006 sentencing order declared Cammile a habitual offender and stated that the ﬁrst year of each burglary sentence was mandatory under 11 Del. C. § 825. Cammile did not appeal his convictions or sentence.”

State v. Fleetwood (Del. Super. Ct. 2018). · cites it 2× “The defendant Was found guilty on November 18, 2015 by a jury of one count of Burglary in the Second Degree, 11 Del. C. § 825; one count of Attempted Theft as a lesser included offense of Felony Attempted Thefc, 11 Del.”

Dignan v. State (Del. 2019). · cites it 2× “(5) Dignan argues his sentence to eight years at Level V for second degree burglary is illegal because it exceeds the maximum penalty that may be imposed under section 11 Del. C. § 825. Section 825 provides, in relevant part: Notwithstanding any provision of this section or Code…”

State v. Morris (Del. Super. Ct. 2022). · cites it 2× “” 14 11 Del. C. § 825 (Effective: to Sept. 15, 2019): “A person is guilty of burglary in the second Degree when the person knowingly enters or remains unlawfully: (1) In a dwelling with intent to commit a crime therein; or (2) In a building and when, in effecting entry or while…”

State v. Miller (Del. Super. Ct. 2023). · cites it 2× “§ 3901(d)4 and 11 Del. C. § 825,5 and that he be permitted to participate in a DOC treatment program.”

Woods v. Warden May (D. Del. 2023). · cites it 2× “24-5 at |} 23-26) In January 2018, a Delaware Superior Court jury convicted Petitioner of second degree burglary, in violation of 11 Del. C. § 825; theft of more than $1500, in violation of 11 Del.”

Kegler v. State (Del. 2024). · cites it 2× “11 Del. C. § 825; 11 Del. C. § 4205(b)(4).”

Fleetwood v. State (Del. 2016). “”) with 11 Del. C. § 825 (“A 4 In this case, the crime was theft.”

Show all 30 citing cases →

— 11 Del. C. § 825(a) — 2 cases

State v. Grinnage (Del. Super. Ct. 2022).

Feliciano v. Wesley (D. Del. 2020).

— 11 Del. C. § 825(a)(1) — 2 cases

Kegler v. State (Del. 2024). “11 Del. C. § 825; 11 Del. C. § 4205(b)(4).”

Brown v. State (Del. 2014).

— 11 Del. C. § 825(b) — 3 cases

Dignan v. State (Del. 2019). “(5) Dignan argues his sentence to eight years at Level V for second degree burglary is illegal because it exceeds the maximum penalty that may be imposed under section 11 Del. C. § 825. Section 825 provides, in relevant part: Notwithstanding any provision of this section or Code…”

Medley v. State (Del. 2024).

State of Delaware v. Sims. (Del. Super. Ct. 2015).

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