Iowa Code » Chapter 713 — BURGLARY
Iowa Code

Iowa Code § 713.2 (2026)

Attempted 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, attempts to enter an occupied structure, the occupied structure not being open to the public, or who attempts to remain 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 attempts to break an occupied structure, commits attempted burglary. [81 Acts, ch 204, §8] 84 Acts, ch 1247, §3

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Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1964–2025 · leading case: State v. Mesch, 574 N.W.2d 10 (Iowa 1997).
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State v. Mesch, 574 N.W.2d 10 (Iowa 1997). · cites it 11× “” Iowa Code § 713.2 (1995). The issue is whether the State must specify the felony it seeks to prove an accused intended to commit after breaking and entering.”
State of Iowa v. Jabari Lamar Walker, 856 N.W.2d 179 (Iowa 2014). · cites it 3× “§ 713.2 (defining “[ajttempted burglary”).”
State v. Erving, 346 N.W.2d 833 (Iowa 1984). · cites it 4× “”) with Iowa Code § 713.2 (“Any person ... who ..”
State v. Duncan, 312 N.W.2d 519 (Iowa 1981). · cites it 2× “Section 713.2 specifies aggravating circumstances constituting burglary in the first degree.”
State v. Noriega, 690 P.2d 775 (Ariz. 1984). · cites it 2× “14-51 (1981)); 5 to 25 years in Iowa ( Iowa Code § 713.2 (1979)); 5 to 25 years in Wyoming (Wyo.”
State v. Sangster, 299 N.W.2d 661 (Iowa 1980). · cites it 2× “Burglary in the first degree requires proof of an additional element specified in section 713.2. All other burglary is burglary in the second degree.”
State v. Jackson, 601 N.W.2d 354 (Iowa 1999). · cites it 2× “See Iowa Code §§ 713.2 , 713.6B (1997). He was given an indeterminate two-year prison sentence and required to make restitution.”
State v. Blanford, 306 N.W.2d 93 (Iowa 1981). · cites it 2× “He was also charged with the crime of burglary in violation of section 713.2, Supplement to The Code 1977, committed by breaking into the Hickman home in connection with the assaults upon them.”
State v. Mead, 318 N.W.2d 440 (Iowa 1982). “See § 713.2, The Code. We have examined the record and hold that sufficient evidence on the issue was introduced under the test in State v.”
State v. Sheppard, 325 N.W.2d 911 (Iowa Ct. App. 1982). · cites it 2× “, appeals from his conviction for burglary in the first degree in violation of Iowa Code § 713.2 (1981). We reverse and remand for a new trial.”
Pioneer Valley Sav. Bank v. Indem. Ins. of North Am., 225 F. Supp. 404 (N.D. Iowa 1964). · cites it 2× “It would not come under the Iowa larceny by trick statute, Section 713.2, because Paul Dick was not falsely personating or representing another.”
State v. Smith, 223 N.W.2d 223 (Iowa 1974). “And as to receiving goods by false personation, Code § 713.2 says: “If any person falsely personate or represent another, and in such assumed character receive any money or property intended to be delivered to the person so personated, with intent to convert the same to his own…”
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