Iowa Code » Chapter 713 — BURGLARY
Iowa Code

Iowa Code § 713.3 (2026)

Burglary in the first degree

✓ current as of July 2026
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1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply: a. The person has possession of an explosive or incendiary device or material. b. The person has possession of a dangerous weapon. c. The person intentionally or recklessly inflicts bodily injury on any person. d. The person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1. 2. Burglary in the first degree is a class “B” felony. 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1, paragraphs “a”, “b”, or “c”, the fact finder shall make a determination as provided in section 692A.126. [C51, §2609; R60, §4233; C73, §3892; C97, §4788; S13, §4799-a; C24, 27, 31, 35, 39; §12995, 12997 – 12999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.2, 708.4-708.6, C79, 81, §713.2] C83, §713.3 90 Acts, ch 1233, §41; 92 Acts, ch 1231, §57; 94 Acts, ch 1107, §15; 98 Acts, ch 1059, §1; 2010 Acts, ch 1104, §16, 23 Referred to in §692A.101, 692A.102, 692A.126, 903B.1 Definition of forcible felony, see §702.11

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Notes of Decisions
Cited in 138 cases (17 in the last 5 years), 1953–2026 · leading case: State v. Sefcheck, 157 N.W.2d 128 (Iowa 1968).
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State v. Sefcheck, 157 N.W.2d 128 (Iowa 1968). · cites it 52× “At the same time he was arrested for intoxication, held for investigation, and ultimately charged with uttering a forged check in violation of section 713.3, Code of Iowa. On June 2, 1966, defendant appeared with his attorney in the District Court of Story County.”
State of Iowa v. Dontay Dakwon Sanford, 814 N.W.2d 611 (Iowa 2012). · cites it 6× “Iowa Code § 713.3 (1) — (2). At common law, and under Iowa’s pre-1978 statute, “only a ‘dwelling house’ could be the subject of the offense [of burglary].”
State v. Bullock, 638 N.W.2d 728 (Iowa 2002). · cites it 10× “Iowa Code § 713.3 (l)(cZ). The defendant’s second-degree sexual abuse offense is defined as follows: A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances: 1.”
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). · cites it 10× “The person intentionally or recklessly inflicts bodily injury on any person.”
State v. Pace, 602 N.W.2d 764 (Iowa 1999). · cites it 9× “” Iowa Code § 713.3 (emphasis added). We have previously indicated that it is what occurs after entry which elevates burglary into a first-degree offense.”
State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017). · cites it 3× “Specifically, former Code section 713.3 provided that a person was guilty of a felony if he or she presented a financial instrument to another in order to secure property, with a “fraudulent intent” and knowledge there were no funds in the account to meet the value of the…”
State of Iowa v. Christopher Clay McNeal, 897 N.W.2d 697 (Iowa 2017). · cites it 2× “§ 713.3(1)(c), willful injury resulting in serious injury, see id.”
Pioneer Valley Sav. Bank v. Indem. Ins. of North Am., 225 F. Supp. 404 (N.D. Iowa 1964). · cites it 20× “1 or Section 713.3 of the Iowa Code, I.C.A. These two sections read as follows: “713.”
State v. Mullin, 225 N.W.2d 305 (Iowa 1975). · cites it 20× “Following his conviction for violating § 713.3, The Code, he appeals from judgment sentencing him to seven years imprisonment.”
State v. Taylor, 689 N.W.2d 116 (Iowa 2004). · cites it 2× “§ 713.3(c) (emphasis added). Thus, to prove burglary, the State was required to establish that the defendant, at the time he broke the passenger window or at the time his hands entered the Vincent van, had the intent to commit a felony or an assault.”
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015). · cites it 2× “When the State made the second plea offer, it informed Dempsey that if he proceeded with the scheduled depositions, it would amend the trial information to increase the charge in Count I to burglary in the first degree in violation of Iowa Code section 713.3, a class “B” felony.…”
Ryan v. Iowa State Penitentiary, Ft. Madison, 218 N.W.2d 616 (Iowa 1974). · cites it 8× “Ryan (petitioner) was charged by county attorney's information with the crime of false drawing or uttering of checks in violation of section 713.3, The Code. He was arraigned December 10, 1971, at which time the information was read in his presence.”
Show all 138 citing cases →
— Iowa Code § 713.3(1) — 3 cases
State of Iowa v. Tony Lopez (Iowa Ct. App. 2020).
State of Iowa v. Earl Baugh III (Iowa Ct. App. 2020).
State of Iowa v. Ethan Aron Miller (Iowa Ct. App. 2016).
— Iowa Code § 713.3(1)(b) — 6 cases
Joel Zamora v. State of Iowa (Iowa Ct. App. 2025).
State of Iowa v. Goldie Theodore Enochs (Iowa Ct. App. 2016).
Joel Zamora v. State of Iowa (Iowa Ct. App. 2019).
State of Iowa v. Joseph Allen Bloom (Iowa 2022).
State of Iowa v. Joel Zamora (Iowa Ct. App. 2015).
— Iowa Code § 713.3(1)(c) — 6 cases
State of Iowa v. Christopher Clay McNeal, 897 N.W.2d 697 (Iowa 2017). “§ 713.3(1)(c), willful injury resulting in serious injury, see id.”
State of Iowa v. Kenneth Cary Clark (Iowa Ct. App. 2016).
State of Iowa v. Jamal Levon Randolph (Iowa Ct. App. 2018).
Danny Eugene Jacobs, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2014).
Amended September 1, 2017 State of Iowa v. Christopher Clay McNeal (Iowa 2017).
— Iowa Code § 713.3(1)(d) — 1 case
State of Iowa v. Fermin Jose Maldonado (Iowa Ct. App. 2023).
— Iowa Code § 713.3(2) — 6 cases
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “The person intentionally or recklessly inflicts bodily injury on any person.”
State of Iowa v. Kerry B. Morgan Jr. (Iowa Ct. App. 2017).
State of Iowa v. Robert E. Carter, 919 N.W.2d 766 (Iowa Ct. App. 2018).
State of Iowa v. Mario Goodson (Iowa 2021).
State of Iowa v. David Howard Rooney (Iowa 2015).
— Iowa Code § 713.3(c) — 1 case
State v. Taylor, 689 N.W.2d 116 (Iowa 2004). “§ 713.3(c) (emphasis added). Thus, to prove burglary, the State was required to establish that the defendant, at the time he broke the passenger window or at the time his hands entered the Vincent van, had the intent to commit a felony or an assault.”
— Iowa Code § 713.3(l)(c) — 1 case
State of Iowa v. Christopher Clay McNeal, 897 N.W.2d 697 (Iowa 2017). “§ 713.3(1)(c), willful injury resulting in serious injury, see id.”
— Iowa Code § 713.3(l)(d) — 1 case
State v. Bullock, 638 N.W.2d 728 (Iowa 2002). “Iowa Code § 713.3 (l)(cZ). The defendant’s second-degree sexual abuse offense is defined as follows: A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances: 1.”
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