Ky. Rev. Stat. » Chapter 511
Kentucky Revised Statutes

Ky. Rev. Stat. § 511.020 (2026)

Burglary in the first degree

✓ current as of May 2026
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(1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or she or another participant in the crime: (a) Is armed with explosives or a deadly weapon; (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime. (2) Burglary in the first degree is a Class B felony, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man- made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A felony. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 151, sec. 3, effective July 14, 2022. -- Amended 1980 Ky. Acts ch. 376, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 125, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 97, effective January 1, 1975.

Notes of Decisions
Cited in 119 cases (31 in the last 5 years), 1977–2026 · leading case: Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
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Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). · cites it 12× “All of our burglary and trespass statutes, including KRS 511.020, require as an element of the offense that the defendant "knowingly enter[ed] or remain[ed] unlawfully" in the victim's building.”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992). · cites it 14× “" The word "building" in KRS 511.020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government,…”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004). · cites it 6× “[8] KRS 511.020(1) provides: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or…”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). · cites it 8× “KRS 511.020 defines burglary in the first degree as follows: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the…”
Colvard v. Commonwealth, 309 S.W.3d 239 (Ky. 2010). · cites it 8× “THE BURGLARY INSTRUCTION GIVEN TO THE JURY WAS ERRONEOUS Finally Appellant argues that the jury instruction given on the burglary charge was improper because it allowed the jury to convict him of that crime if they believed he either caused physical injury to the girls, a…”
McCarthy v. Commonwealth, 867 S.W.2d 469 (Ky. 1993). · cites it 12× “Burglary in the first degree, KRS 511.020, provides: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate…”
Meece v. Commonwealth, 348 S.W.3d 627 (Ky. 2011). · cites it 4× “Burglary in the first degree, KRS 511.020 is committed: [W]hen, with the intent to commit a crime, [a person] knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another…”
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010). · cites it 4× “The first-degree burglary statute, KRS 511.020(1), provides as follows: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building…”
Robey v. Commonwealth, 943 S.W.2d 616 (Ky. 1997). · cites it 9× “The trial court, noting the official commentary to KRS 511.020 which provides that "any person who enters property under privilege may still commit an offense of burglary if he remains on that property beyond the termination of his privilege," refused to grant Robey a directed…”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “21-3715 (1975); Ky. Rev. Stat. Ann § 511.020 (1980); Me. Stat.”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). · cites it 8× “" [4] The Kentucky Penal Code defines the elements of burglary in the first degree at KRS 511.020: A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or…”
Brown v. Commonwealth, 313 S.W.3d 577 (Ky. 2010). · cites it 2× “Phillip Brown appeals from an August 21, 2006 judgment of the Warren Circuit Court, convicting him of first-degree burglary, in violation of KRS 511.020; of first-degree robbery, in violation of KRS 515.”
Show all 119 citing cases →
— Ky. Rev. Stat. § 511.020(1) — 31 cases
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004). “[8] KRS 511.020(1) provides: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or…”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “All of our burglary and trespass statutes, including KRS 511.020, require as an element of the offense that the defendant "knowingly enter[ed] or remain[ed] unlawfully" in the victim's building.”
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010). “The first-degree burglary statute, KRS 511.020(1), provides as follows: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building…”
Robey v. Commonwealth, 943 S.W.2d 616 (Ky. 1997). “The trial court, noting the official commentary to KRS 511.020 which provides that "any person who enters property under privilege may still commit an offense of burglary if he remains on that property beyond the termination of his privilege," refused to grant Robey a directed…”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). “KRS 511.020 defines burglary in the first degree as follows: (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the…”
— Ky. Rev. Stat. § 511.020(1)(a) — 5 cases
Meece v. Commonwealth, 348 S.W.3d 627 (Ky. 2011). “Burglary in the first degree, KRS 511.020 is committed: [W]hen, with the intent to commit a crime, [a person] knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another…”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992). “" The word "building" in KRS 511.020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government,…”
Tarell Thomas v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
Robert T. Shadwick v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
Raymond Frederick Patterson v. Commonwealth of Kentucky (Ky. 2007).
— Ky. Rev. Stat. § 511.020(1)(b) — 10 cases
Colvard v. Commonwealth, 309 S.W.3d 239 (Ky. 2010). “THE BURGLARY INSTRUCTION GIVEN TO THE JURY WAS ERRONEOUS Finally Appellant argues that the jury instruction given on the burglary charge was improper because it allowed the jury to convict him of that crime if they believed he either caused physical injury to the girls, a…”
Meece v. Commonwealth, 348 S.W.3d 627 (Ky. 2011). “Burglary in the first degree, KRS 511.020 is committed: [W]hen, with the intent to commit a crime, [a person] knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another…”
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992). “" The word "building" in KRS 511.020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government,…”
Grundy v. Commonwealth, 25 S.W.3d 76 (Ky. 2000).
Shilo Thomas Joseph v. Commonwealth of Kentucky (Ky. 2021).
— Ky. Rev. Stat. § 511.020(1)(c) — 3 cases
Colvard v. Commonwealth, 309 S.W.3d 239 (Ky. 2010). “THE BURGLARY INSTRUCTION GIVEN TO THE JURY WAS ERRONEOUS Finally Appellant argues that the jury instruction given on the burglary charge was improper because it allowed the jury to convict him of that crime if they believed he either caused physical injury to the girls, a…”
Meece v. Commonwealth, 348 S.W.3d 627 (Ky. 2011). “Burglary in the first degree, KRS 511.020 is committed: [W]hen, with the intent to commit a crime, [a person] knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another…”
Darnell Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 511.020(2) — 5 cases
Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009).
Marcus Britt v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
Shilo Thomas Joseph v. Commonwealth of Kentucky (Ky. 2021).
Jason Bailey v. Cookie Crews (Ky. Ct. App. 2023).
Jevontaye Taylor v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 511.020(l)(a) — 3 cases
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016).
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992). “" The word "building" in KRS 511.020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government,…”
Gregory Miller v. Commonwealth of Kentucky (Ky. 2020).
— Ky. Rev. Stat. § 511.020(l)(b) — 7 cases
Colvard v. Commonwealth, 309 S.W.3d 239 (Ky. 2010). “THE BURGLARY INSTRUCTION GIVEN TO THE JURY WAS ERRONEOUS Finally Appellant argues that the jury instruction given on the burglary charge was improper because it allowed the jury to convict him of that crime if they believed he either caused physical injury to the girls, a…”
Grundy v. Commonwealth, 25 S.W.3d 76 (Ky. 2000).
Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992). “" The word "building" in KRS 511.020 is defined in KRS 511.010 as follows: "(1) `Building,' in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government,…”
Commonwealth v. McCombs, 304 S.W.3d 676 (Ky. 2010).
Butts v. Commonwealth, 953 S.W.2d 943 (Ky. 1997).
— Ky. Rev. Stat. § 511.020(l)(c) — 2 cases
Colvard v. Commonwealth, 309 S.W.3d 239 (Ky. 2010). “THE BURGLARY INSTRUCTION GIVEN TO THE JURY WAS ERRONEOUS Finally Appellant argues that the jury instruction given on the burglary charge was improper because it allowed the jury to convict him of that crime if they believed he either caused physical injury to the girls, a…”
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016).
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