Iowa Code
Iowa Code § 713.6 (2026)
Attempted burglary in the second degree
✓ current as of July 2026
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1. A person commits attempted burglary in the second degree in either of the following circumstances:
a. While perpetrating an attempted 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 an attempted 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. Attempted burglary in the second degree is a class “D” 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. [81 Acts, ch 204, §8] 92 Acts, ch 1231, §60; 94 Acts, ch 1107, §18; 2010 Acts, ch 1104, §19, 23 Referred to in §692A.102, 692A.126 \n
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1980–2025 · leading case: State v. Baker, 293 N.W.2d 568 (Iowa 1980).
State v. Baker, 293 N.W.2d 568 (Iowa 1980). “Defendant lawyer was charged with violating section 713.6, The Code 1977 1 (“Fraudulent conveyances”).”
State v. Pace, 602 N.W.2d 764 (Iowa 1999). “§ 713.6(1). In reviewing the sufficiency of evidence, we review all the evidence in view of the offenses charged.”
State v. Holland, 485 N.W.2d 652 (Iowa 1992). “5 (1989)) and one count of attempted burglary ( Iowa Code § 713.6 ). Prior to trial, Holland made a motion in limine to exclude evidence of the tire iron, screwdriver and pliers.”
State v. Bean, 474 N.W.2d 116 (Iowa Ct. App. 1991). “This was three years before Iowa Code section 713.6 established attempted burglary in the second degree as a crime.”
Punelli v. Punelli, 364 N.W.2d 259 (Iowa Ct. App. 1984). “On appeal plaintiff maintains: (1) that the trial court erred in finding there was no confidential relationship between plaintiff and decedent which would shift the burden to defendant to prove the fairness of the transactions; and (2) that the trial court erred in holding…”
State v. Houts, 622 N.W.2d 309 (Iowa 2001). “Pursuant to a plea agreement, the State amended the charge to third-degree attempted burglary, an aggravated misdemeanor, in violation of Iowa Code section 713.6(B) (1997). Defendant pleaded guilty to the reduced charge, and the district court scheduled a sentencing hearing.”
State of Iowa v. Jon Arthur Dieckmann (Iowa Ct. App. 2018). “Iowa Code §§ 713.6 , .7 (2017). On October 12, the district court sentenced him to terms of incarceration not to exceed five years for attempted burglary and two years for possession of burglar’s tools, run concurrently, plus suspended fines and other terms.”
State of Iowa v. Harley Shuck (Iowa Ct. App. 2016). “See Iowa Code § 713.6 (1)(a), (b). He argues that since the jury had already necessarily found no dangerous weapon was involved in returning the second-degree robbery charge, as opposed to first-degree 5 robbery, the jury would have had to have found one or more persons were in…”
State of Iowa v. Darrell Ricardo Bolden (Iowa Ct. App. 2016). “Darrell Bolden appeals from his conviction after jury trial for attempted burglary in the second degree in violation of Iowa Code section 713.6 (2011), as an habitual offender as defined by section 902.”
State of Iowa v. Marissa Marie Johnson (Iowa Ct. App. 2020). “” An amended trial information charged Johnson with burglary in the second degree in violation of Iowa Code section 713.5 (2017). The trial information listed only a breaking theory of burglary.”
State of Iowa v. Brandon Lee Lyman (Iowa Ct. App. 2024). “4(2); and second-degree attempted burglary, a class “D” felony, in violation of section 713.6(2), in December 2022. Both the willful-injury- causing-bodily-injury and second-degree-attempted-burglary convictions were enhanced as an habitual offender pursuant to Iowa Code…”
State of Iowa v. Terrence Deshaun Williams (Iowa Ct. App. 2025). “4(1) (2023), and second-degree attempted burglary, a class “D” felony, in violation of Iowa Code section 713.6. Williams pled not guilty and waived his right to speedy trial.”
— Iowa Code § 713.6(1) — 1 case
State v. Pace, 602 N.W.2d 764 (Iowa 1999). “§ 713.6(1). In reviewing the sufficiency of evidence, we review all the evidence in view of the offenses charged.”
— Iowa Code § 713.6(2) — 1 case
State of Iowa v. Brandon Lee Lyman (Iowa Ct. App. 2024). “4(2); and second-degree attempted burglary, a class “D” felony, in violation of section 713.6(2), in December 2022. Both the willful-injury- causing-bodily-injury and second-degree-attempted-burglary convictions were enhanced as an habitual offender pursuant to Iowa Code…”
— Iowa Code § 713.6(A) — 1 case
State Of Iowa Vs. Arif Hajtic (Iowa 2006).
— Iowa Code § 713.6(B) — 1 case
State v. Houts, 622 N.W.2d 309 (Iowa 2001). “Pursuant to a plea agreement, the State amended the charge to third-degree attempted burglary, an aggravated misdemeanor, in violation of Iowa Code section 713.6(B) (1997). Defendant pleaded guilty to the reduced charge, and the district court scheduled a sentencing hearing.”
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