(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein.
(b) A person is guilty of home invasion burglary first degree if the elements of subsection (a) of this section are met and in effecting entry or when in the dwelling or immediate flight therefrom, the person or another participant in the crime engages in the commission of, or attempts to commit, any of the following felonies:
(1) Robbery in the first or second degree;
(2) Assault in the first or second degree;
(3) Murder in the first or second degree;
(4) Manslaughter;
(5) Rape in any degree;
(6) Kidnapping in the first or second degree;
(c) Burglary in the first degree is a class C felony. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V.
(d) Notwithstanding any provision of this section or Code to the contrary, where a person is convicted of burglary in the first degree pursuant to subsection (a) of this section and who either (1) is armed with explosives or a deadly weapon; or (2) causes physical injury to any person who is not a participant in the crime, burglary in the first degree is a class B felony.
(e) Notwithstanding any provision of this section or Code to the contrary, any person convicted of home invasion burglary first degree as defined in subsection (b) of this section, shall receive a minimum sentence of 6 years at Level V.
(f) The sentencing provisions applicable to this section apply to the attempted burglary in the first degree as well as attempted home invasion burglary in the first degree.
(g) It is no defense that the accused did not know that the dwelling was occupied at the time of entry.
11 Del. C. 1953,
§
826;
58 Del. Laws, c. 497,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
73 Del. Laws, c. 126,
§
8;
74 Del. Laws, c. 106,
§
5;
74 Del. Laws, c. 345,
§
5;
82 Del. Laws, c. 215,
§
1;
Notes of Decisions
Cited in
11
cases (
7 in the last 5 years), 2015–2026 · leading case:
State v. Williams (Del. Super. Ct. 2020).
State v. Williams (Del. Super. Ct. 2020).
· cites it 7× “”3 Specifically, Defendant asserts that the Court did not apply the amended version of 11 Del. C. § 826 at sentencing and Defendant should serve only 1 year at Level V for Attempted Burglary First Degree, not 2 years.”
State v. White (Del. Super. Ct. 2022).
· cites it 2× “§ 636; one count of Home Invasion, 11 Del. C. § 826; one count of Possession of a Deadly Weapon During the Commissioner of a Felony, 11 Del.”
State v. White (Del. Super. Ct. 2017).
“, home invasion requires the state to prove that a defendant entered a home with “intent to commit a crime therein,” 11 Del. C. § 826(a). 11 not substantially outweigh the evidence’s probative value.”
State v. Parker (Del. Super. Ct. 2020).
“In addition, Defendant filed this Motion more than 3 years after the 3 The first 3 years of this sentence is a mandatory term of incarceration pursuant to 11 Del. C. § 826. 4 D.I. 9. Probation is concurrent.”
State v. Morris (Del. Super. Ct. 2022).
“49 11 Del. C. § 826(A) (2017) (REPEALED). 50 11 Del.”
Brittingham v. State (Del. 2023).
“4 11 Del. C. § 826(c) (defining first-degree burglary as a class C felony with a minimum Level V sentence of one year); 11 Del.”
State v. Murray (Del. Super. Ct. 2025).
“Following a jury trial held August 3-5, 1987, Murray was convicted as charged on all counts in the indictment.”
Flowers v. State (Del. 2026).
“14 11 Del. C. § 826(a), (b)(1) (emphasis added).”
State v. Manuel (Del. Super. Ct. 2026).
“21 There, 17 See 11 Del. C. § 826(b)(1). 18 Id. at § 826(e).”
Cannon v. State (Del. 2015).
“1 11 Del. C. § 826. 3 11 Del. C. §612. 4 11 Del.”
— 11 Del. C. § 826(A) — 1 case
State v. Morris (Del. Super. Ct. 2022).
“49 11 Del. C. § 826(A) (2017) (REPEALED). 50 11 Del.”
— 11 Del. C. § 826(a) — 2 cases
State v. White (Del. Super. Ct. 2017).
“, home invasion requires the state to prove that a defendant entered a home with “intent to commit a crime therein,” 11 Del. C. § 826(a). 11 not substantially outweigh the evidence’s probative value.”
Flowers v. State (Del. 2026).
“14 11 Del. C. § 826(a), (b)(1) (emphasis added).”
— 11 Del. C. § 826(b) — 1 case
— 11 Del. C. § 826(b)(1) — 1 case
State v. Manuel (Del. Super. Ct. 2026).
“21 There, 17 See 11 Del. C. § 826(b)(1). 18 Id. at § 826(e).”
— 11 Del. C. § 826(c) — 1 case
Brittingham v. State (Del. 2023).
“4 11 Del. C. § 826(c) (defining first-degree burglary as a class C felony with a minimum Level V sentence of one year); 11 Del.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.