Iowa Code » Chapter 713 — BURGLARY
Iowa Code

Iowa Code § 713.5 (2026)

Burglary in the second degree

✓ current as of July 2026
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1. A person commits burglary in the second degree in either of the following circumstances: a. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person. b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person. 2. Burglary in the second degree is a class “C” felony. 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. [C79, 81, §713.3] C83, §713.5 92 Acts, ch 1231, §59; 94 Acts, ch 1107, §17; 2010 Acts, ch 1104, §18, 23 Referred to in §692A.102, 692A.126

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Notes of Decisions
Cited in 62 cases (5 in the last 5 years), 1953–2026 · leading case: State of Iowa v. Dontay Dakwon Sanford, 814 N.W.2d 611 (Iowa 2012).
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State of Iowa v. Dontay Dakwon Sanford, 814 N.W.2d 611 (Iowa 2012). · cites it 5× “Sanford was charged by trial information with second-degree burglary in violation of section 713.5 on March 30, 2009. He was arraigned on April 9 and pled not guilty.”
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). · cites it 4× “The district court found Kelso-Christy guilty of burglary in the second degree in violation of Iowa Code section 713.5 (2015). The court concluded (1) Kelso-Christy entered S.”
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). · cites it 10× “Iowa Code § 713.5 (1)(a)–(b). Burglary in the second degree is a class “C” felony and is punishable by a maximum sentence of ten years.”
Eric Wayne Dempsey v. State of Iowa, 860 N.W.2d 860 (Iowa 2015). · cites it 4× “Dempsey faced up to ten years in prison under Count I, see Iowa Code § 713.5 (establishing second-degree burglary as a class "C" felony); id.”
State v. Keopasaeuth, 645 N.W.2d 637 (Iowa 2002). · cites it 2× “Iowa Code § 713.5 (2). Two of the victims, Michael Smith and Morris Wright, testified that defendant and one of his companions attempted to hit Morris through the open window of the truck while he was seated in the front seat.”
State v. Wills, 696 N.W.2d 20 (Iowa 2005). · cites it 2× “In this appeal, Wills first contends his trial counsel was ineffective for failing to move for a judgment of acquittal on the basis there was insufficient evidence to support a finding that at the time Wills *23 entered the garage, there were persons present in or upon the…”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). “38 § 19-1 (1983) ; Iowa Code § 713.5 (1985); Kan. Stat. Ann.”
State v. Chrisman, 514 N.W.2d 57 (Iowa 1994). · cites it 3× “Iowa Code § 713.5 (1991). Burglary in the second degree was a class “C” felony.”
Matter of Foster, 426 N.W.2d 374 (Iowa 1988). · cites it 2× “See Iowa Code §§ 713.5 , 902.9(3) (1983). A mild mental disorder was noted when he entered Iowa’s prison system.”
State v. Spurgeon, 533 N.W.2d 218 (Iowa 1995). · cites it 4× “See Iowa Code § 713.5 (2) (1993); cf. McKettrick, 480 N.”
State v. Brady, 442 N.W.2d 57 (Iowa 1989). · cites it 2× “Brady was charged in 1983 with burglary in the second degree, a class C felony under Iowa Code section 713.5 (1983). A separate county attorney’s information alleged that Brady was an habitual offender having previously been convicted of at least two felonies.”
State v. Berney, 378 N.W.2d 915 (Iowa 1985). · cites it 2× “Defendant appeals from his conviction and sentence for burglary in the second degree in violation of Iowa Code section 713.5 (1983). He contends that the trial court erred in four respects: (1) in failing to find.”
Show all 62 citing cases →
— Iowa Code § 713.5(1) — 1 case
State of Iowa v. Noelle Courtney Youngbear (Iowa Ct. App. 2016).
— Iowa Code § 713.5(1)(6) — 1 case
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “Iowa Code § 713.5 (1)(a)–(b). Burglary in the second degree is a class “C” felony and is punishable by a maximum sentence of ten years.”
— Iowa Code § 713.5(1)(b) — 4 cases
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “Iowa Code § 713.5 (1)(a)–(b). Burglary in the second degree is a class “C” felony and is punishable by a maximum sentence of ten years.”
State of Iowa v. Frediz Lionel Pacheco (Iowa Ct. App. 2016).
State of Iowa v. David Howard Rooney (Iowa 2015).
Amended June 26, 2015 State of Iowa v. David Howard Rooney (Iowa 2015).
— Iowa Code § 713.5(2) — 6 cases
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “Iowa Code § 713.5 (1)(a)–(b). Burglary in the second degree is a class “C” felony and is punishable by a maximum sentence of ten years.”
State v. Hutt, 548 N.W.2d 897 (Iowa Ct. App. 1996).
State of Iowa v. Joseph John Edwards (Iowa Ct. App. 2020).
State of Iowa v. David Howard Rooney (Iowa 2015).
State of Iowa v. Ronald Lam Jr. (Iowa Ct. App. 2015).
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