Iowa Code
Iowa Code § 713.1 (2026)
Burglary defined
✓ current as of July 2026
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Any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure, such occupied structure not being open to the public, or who remains therein after it is closed to the public or after the person’s right, license or privilege to be there has expired, or any person having such intent who breaks an occupied structure, commits burglary. [C51, §2608, 2611; R60, §4232, 4235; C73, §3891, 3894; C97, §4787, 4791, 4792, 4794; C24, 27, 31, 35, 39, §12994, 13001 – 13004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.1, 708.8 – 708.11; C79, 81, §713.1] 84 Acts, ch 1247, §2 Referred to in §229A.2, 714.2B Definition of occupied structure, §702.12
\nNotes of Decisions
Cited in 367
cases (40 in the last 5 years), 1949–2026 · leading case: Mathis v. United States, 195 L. Ed. 2d 604 (2016).
Mathis v. United States, 195 L. Ed. 2d 604 (2016). “” Iowa Code §713.1 (2013). It then 2 MATHIS v.”
State of Iowa v. Dontay Dakwon Sanford, 814 N.W.2d 611 (Iowa 2012). “See Iowa Code § 713.1 . A. Was There Sufficient Evidence that Mills’ Vehicle Was an Occupied Structure? Though Iowa has historically followed the common law approach to burglary, the legislature rewrote the burglary statute in 1978.”
State v. Newman, 313 N.W.2d 484 (Iowa 1981). “This is a consolidated appeal by defendants James Clifford Newman, Loren Robie Wilson, and Delbert Max Vanderpool from convictions and sentences for second-degree burglary under sections 713.1 and 713.3, The Code Supp. 1977.”
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “1, § 1301 (codified at Iowa Code § 713.1 (1979)); see also Pace, 602 N.”
State v. Hagedorn, 679 N.W.2d 666 (Iowa 2004). “Iowa Code § 713.1 (emphasis added). As we consider whether the defendant's conduct falls within the scope of this statute, we are guided by two, sometimes competing, principles: although criminal statutes are to be strictly construed in favor of the accused, "they must be…”
State v. Taylor, 689 N.W.2d 116 (Iowa 2004). “Iowa Code § 713.1 (emphasis added). Burglary is in the first degree “if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present,” the defendant “intentionally or recklessly inflicts bodily injury on any person.”
State of Iowa v. Damion John Seats, 865 N.W.2d 545 (Iowa 2015). “See Iowa Code §§ 713.1 , .3 (2009). 3 During the defense case, Seats took the stand.”
United States v. Titties, 852 F.3d 1257 (10th Cir. 2017). “Iowa Code § 713.1 . A separate section of the Iowa statutes defines “occupied structure” as follows: An “occupied structure” is any building, structure, appurtenances to buildings and structures, land, water or air vehicle, or similar place adapted for overnight accommodation of…”
State v. Hill, 449 N.W.2d 626 (Iowa 1989). “After the close of evidence, the court instructed the jury on the meaning attached to the term “occupied structure” as it is used in Iowa Code section 713.1 (1987) defining burglary. The instruction, number sixteen, included land within the definition of “occupied structure.”
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). “Iowa Code § 713.1 , .5. The parties do not dispute that the State has proven the first five elements.”
State of Iowa v. David Lee Miller, 841 N.W.2d 583 (Iowa 2014). “7(2)(c) (1987)—“entering”—with the first two elements of burglary under section 713.1—“entry” and “by a person”).”
State v. Walker, 600 N.W.2d 606 (Iowa 1999). “See Iowa Code §§ 713.1 , .3 (1997). I. Background Facts and Proceedings.”
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