Indiana Code

Ind. Code § 35-43-2-1 (2026)

Burglary

✓ current as of May 2026

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Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. However, the offense is:

(1) a Level 4 felony if the building or structure is a dwelling;

(2) a Level 3 felony if it results in bodily injury to any person other than a defendant;

(3) a Level 2 felony if it:

(A) is committed while armed with a deadly weapon; or

(B) results in serious bodily injury to any person other than a defendant; and

(4) a Level 1 felony if:

(A) the building or structure is a dwelling; and

(B) it results in serious bodily injury to any person other than a defendant.

As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.42; Acts 1982, P.L.204, SEC.36; P.L.88-1999, SEC.2; P.L.158-2013, SEC.460.

Notes of Decisions

Cited in 806 cases (20 in the last 5 years), 1978–2025 · leading case: Spivey v. State, 761 N.E.2d 831 (Ind. 2002).

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Spivey v. State, 761 N.E.2d 831 (Ind. 2002). · cites it 8× “[2] Ind.Code § 35-43-2-1. [3] Ind.Code § 35-41-5-2; Ind.”

Thomas W. Oster, II v. State of Indiana, 992 N.E.2d 871 (Ind. Ct. App. 2013). · cites it 11× “Code § 35-43-2-2 , or residential entry, Ind. Code § 35-43-2-1 .5. Permitting the felonious intent element to be inferred from the inference of breaking and entering would render the intent element meaningless and read it out of the statute.”

Baker v. State, 968 N.E.2d 227 (Ind. 2012). · cites it 6× “2 Ind. Code § 35-43-2-1 ; Gilliam v. State, 508 N.”

Chappell v. State, 966 N.E.2d 124 (Ind. Ct. App. 2012). · cites it 6× “To convict Chap-pell of Class B felony burglary, the State had to prove that he: (1) broke and entered the building or structure of another; (2) with the intent to commit a felony in it; and (3) that the building or structure was a dwelling.”

Davis v. State, 770 N.E.2d 319 (Ind. 2002). · cites it 6× “"" Ind.Code § 35-43-2-1. Burglary is a class B felony if it is committed "'while armed with a deadly weapon" or if the building is a dwelling.”

Ellis v. State, 736 N.E.2d 731 (Ind. 2000). · cites it 8× “Code § 35-42-5-1); and burglary (Ind.Code § 35-43-2-1). In addition to attempted murder, three Class A felonies are not on the list: vicarious sexual gratification (Ind.”

Amos v. State, 896 N.E.2d 1163 (Ind. Ct. App. 2008). · cites it 8× “[3] See Ind.Code § 35-43-2-1. [4] See Ind.Code §§ 35-47-2-1, 35-47-2-23.”

Willie Moore v. State of Indiana, 49 N.E.3d 1095 (Ind. Ct. App. 2016). · cites it 8× “”4 I.C. § 35-43-2-1. The element of “break[ing]” requires the use of 4 A burglary is a Level 5 felony if the building or structure is not a dwelling, but is a Level 4 felony if it is a dwelling.”

McCann v. State, 854 N.E.2d 905 (Ind. Ct. App. 2006). · cites it 12× “" Ind.Code § 35-43-2-1. The offense is a class B felony if it is committed while armed with a deadly weapon or if the building or structure is a dwelling.”

Jonathon Barthalow v. State of Indiana, 119 N.E.3d 204 (Ind. Ct. App. 2019). · cites it 6× “] Ind. Code § 35-43-2-1 (2) (emphasis added).”

K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App. 2012). · cites it 6× “Finally, we remand with instructions for the juvenile court to correct the February 23, 2011 disposition order and CCS entry to accurately reflect the true findings that were entered by the court.”

Dill v. State, 741 N.E.2d 1230 (Ind. 2001). · cites it 3× “CODE § 35-43-2-1. [2] IND.CODE § 35-43-4-3. [3] Although not addressing the issue of confusion, prior cases have rejected claims that a flight instruction invaded the province of the jury "when it tells the jurors that flight of the accused is a circumstance which may be…”

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— Ind. Code § 35-43-2-1(1) — 36 cases

State v. Hancock, 65 N.E.3d 585 (Ind. 2016).

Davis v. State, 770 N.E.2d 319 (Ind. 2002). “"" Ind.Code § 35-43-2-1. Burglary is a class B felony if it is committed "'while armed with a deadly weapon" or if the building is a dwelling.”

Lewis v. State, 898 N.E.2d 429 (Ind. Ct. App. 2008).

Baker v. State, 968 N.E.2d 227 (Ind. 2012). “2 Ind. Code § 35-43-2-1 ; Gilliam v. State, 508 N.”

Amos v. State, 896 N.E.2d 1163 (Ind. Ct. App. 2008). “[3] See Ind.Code § 35-43-2-1. [4] See Ind.Code §§ 35-47-2-1, 35-47-2-23.”

— Ind. Code § 35-43-2-1(1)(B) — 4 cases

Marshall v. State, 832 N.E.2d 615 (Ind. Ct. App. 2005).

Parks v. State, 921 N.E.2d 826 (Ind. Ct. App. 2010).

Shepherd v. State, 902 N.E.2d 360 (Ind. Ct. App. 2009).

Anthony W. McGriff v. State of Indiana, 20 N.E.3d 156 (Ind. Ct. App. 2014).

— Ind. Code § 35-43-2-1(1)(B)(i) — 12 cases

Hollin v. State, 877 N.E.2d 462 (Ind. 2007).

Chappell v. State, 966 N.E.2d 124 (Ind. Ct. App. 2012). “To convict Chap-pell of Class B felony burglary, the State had to prove that he: (1) broke and entered the building or structure of another; (2) with the intent to commit a felony in it; and (3) that the building or structure was a dwelling.”

Walker v. State, 932 N.E.2d 733 (Ind. Ct. App. 2010).

Payne v. State, 777 N.E.2d 63 (Ind. Ct. App. 2002).

Sergio C. Poitan v. State of Indiana (Ind. Ct. App. 2014).

— Ind. Code § 35-43-2-1(2) — 23 cases

Houser v. State, 823 N.E.2d 693 (Ind. 2005).

Davis v. State, 770 N.E.2d 319 (Ind. 2002). “"" Ind.Code § 35-43-2-1. Burglary is a class B felony if it is committed "'while armed with a deadly weapon" or if the building is a dwelling.”

Baker v. State, 968 N.E.2d 227 (Ind. 2012). “2 Ind. Code § 35-43-2-1 ; Gilliam v. State, 508 N.”

Toney v. State, 961 N.E.2d 57 (Ind. Ct. App. 2012).

State v. Seabrooks, 803 N.E.2d 1190 (Ind. Ct. App. 2004).

— Ind. Code § 35-43-2-1(2)(A) — 3 cases

Brice Dutrow v. State of Indiana (Ind. Ct. App. 2013).

Shamir Chappell v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-43-2-1(3)(A) — 8 cases

State of Indiana v. Amber E. McHenry, 74 N.E.3d 577 (Ind. Ct. App. 2017).

Keith v. State, 127 N.E.3d 1221 (Ind. Ct. App. 2019).

Jeremy Alan Riddle v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

Riccardo Hutchins v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

Rolly B. Dulworth v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-43-2-1(4) — 1 case

Jarvice Sears v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-43-2-1(b)(1) — 1 case

D.S. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

— Ind. Code § 35-43-2-1(b)(i) — 1 case

Kenneth Kilpatrick v. State of Indiana (Ind. Ct. App. 2014).

— Ind. Code § 35-43-2-1(c) — 1 case

D.S. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

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