Iowa Code » Chapter 713 — BURGLARY
Iowa Code

Iowa Code § 713.6A (2026)

Burglary in the third degree

✓ current as of July 2026
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1. All burglary which is not burglary in the first degree or burglary in the second degree is burglary in the third degree. Burglary in the third degree is a class “D” felony, except as provided in subsection 2.

2. Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.2, is an aggravated misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1.

3. For purposes of determining whether the person should register as a sex offender \n Tue Dec 09 21:56:23 2025 Iowa Code 2026, Chapter 713 (20, 0) 3 BURGLARY, §713.8\n\npursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. 92 Acts, ch 1231, §61; 2001 Acts, ch 165, §1; 2002 Acts, ch 1050, §53; 2010 Acts, ch 1104, §20, 23 Referred to in §692A.102, 692A.126 \n

Notes of Decisions
Cited in 42 cases (10 in the last 5 years), 1994–2026 · leading case: State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015).
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State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). · cites it 5× “§ 713.6A (not requiring presence of one or more persons to sustain conviction for third- degree burglary).”
State v. Loye, 670 N.W.2d 141 (Iowa 2003). · cites it 2× “Loye was charged with third-degree burglary in violation of Iowa Code section 713.6A (2001) and possession of burglar’s tools in violation of Iowa Code section 713.”
State v. Hajtic, 724 N.W.2d 449 (Iowa 2006). · cites it 2× “Arif Hajtic was convicted of three counts of third-degree burglary under Iowa Code section 713.6A (2001) and one count of first-degree robbery under Iowa Code section 711.”
State v. Oldham, 515 N.W.2d 44 (Iowa 1994). · cites it 2× “1 (1991) and 92 Iowa Acts chapter 1231, section 61 (now found as section 713.6A (1993)). We affirm. The State filed a trial information charging Oldham with burglary in the third degree, and Oldham responded with a notice of his intention to rely on the defenses of diminished…”
State v. Millsap, 547 N.W.2d 8 (Iowa Ct. App. 1996). · cites it 2× “Millsap was charged with burglary in the third degree, in violation of section 713.6A. Pursuant to a plea agreement, he pled guilty to a reduced charge of attempted burglary in the third degree.”
State v. Miller, 622 N.W.2d 782 (Iowa Ct. App. 2000). “On December 1, 1998, the State charged Miller with third-degree burglary 1 as an habitual offender in violation of Iowa Code sections 713.6A and 909.8 (1997). On March 11, 1999, Miller pleaded guilty as charged in exchange for the State’s dismissal of two other felony charges…”
State v. Trader, 661 N.W.2d 154 (Iowa 2003). · cites it 2× “If the amendment to section 713.6A reduced the punishment for the offense with which defendant was charged, he was entitled to be sentenced in accordance with the newly enacted law.”
State v. Orte, 541 N.W.2d 895 (Iowa Ct. App. 1995). “, appeals from his sentences and convictions, following a jury trial for third-degree burglary and second-degree theft, in violation of Iowa Code sections 713.6A, 714.1(1), and 714.2(2) (1993).”
State of Iowa v. Isaiah Joshua Alexander, 853 N.W.2d 295 (Iowa Ct. App. 2014). · cites it 39× “” The district court found Alexander guilty of burglary in the third degree citing Iowa Code section 713.6A(1): the felony classification.”
State v. Houts, 622 N.W.2d 309 (Iowa 2001). · cites it 2× “Defendant was charged by trial information with third-degree burglary, a class “D” felony, in violation of Iowa Code section 713.6A (1997). Pursuant to a plea agreement, the State amended the charge to third-degree attempted burglary, an aggravated misdemeanor, in violation of…”
State of Iowa v. Rhonda S. Dawson (Iowa Ct. App. 2021). · cites it 11× “Dawson argued that the charge involved a burglary of an unoccupied motor vehicle or motor truck rather than a trailer—this distinction, under Iowa Code section 713.6A (2020), would change her charge from a class “D” felony to an aggravated misdemeanor.”
United States v. Kluge, 635 F. Supp. 2d 924 (N.D. Iowa 2009). · cites it 6× “1 (1997) and Iowa Code section 713.6A (1997). There is no dispute that Burglary in the Third Degree is a felony as defined under federal law.”
Show all 42 citing cases →
— Iowa Code § 713.6A(1) — 18 cases
State of Iowa v. David Howard Rooney, 862 N.W.2d 367 (Iowa 2015). “§ 713.6A (not requiring presence of one or more persons to sustain conviction for third- degree burglary).”
State of Iowa v. Rhonda S. Dawson (Iowa Ct. App. 2021). “Dawson argued that the charge involved a burglary of an unoccupied motor vehicle or motor truck rather than a trailer—this distinction, under Iowa Code section 713.6A (2020), would change her charge from a class “D” felony to an aggravated misdemeanor.”
State of Iowa v. Isaiah Joshua Alexander, 853 N.W.2d 295 (Iowa Ct. App. 2014). “” The district court found Alexander guilty of burglary in the third degree citing Iowa Code section 713.6A(1): the felony classification.”
Aleksandar Ciric, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2017).
State of Iowa v. Tywon Stanton (Iowa Ct. App. 2017).
— Iowa Code § 713.6A(2) — 7 cases
State of Iowa v. Isaiah Joshua Alexander, 853 N.W.2d 295 (Iowa Ct. App. 2014). “” The district court found Alexander guilty of burglary in the third degree citing Iowa Code section 713.6A(1): the felony classification.”
State of Iowa v. Rhonda S. Dawson (Iowa Ct. App. 2021). “Dawson argued that the charge involved a burglary of an unoccupied motor vehicle or motor truck rather than a trailer—this distinction, under Iowa Code section 713.6A (2020), would change her charge from a class “D” felony to an aggravated misdemeanor.”
State of Iowa v. Andre Rockingham (Iowa Ct. App. 2016).
Antonio Ray Moore, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2016).
State of Iowa v. Marsean T. Fenton, 919 N.W.2d 768 (Iowa Ct. App. 2018).
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