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

Ky. Rev. Stat. § 511.030 (2026)

Burglary in the second degree

✓ current as of May 2026
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(1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a dwelling. (2) Burglary in the second degree is a Class C 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 B felony. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 151, sec. 4, effective July 14, 2022. -- Amended 1980 Ky. Acts ch. 376, sec. 3, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 125, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 98, effective January 1, 1975.

Notes of Decisions
Cited in 58 cases (12 in the last 5 years), 1983–2025 · leading case: United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
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United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). · cites it 4× “” Ky. Rev. Stat. § 511.030. However, the cases finding the Kentucky second-degree burglary statute to be generic made the same mistake we made in Nance—these unpublished opinions failed to look to the statutory definition of “dwelling.”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004). · cites it 4× “Finally, in 1980, unlawfully entering or remaining in a "dwelling" *870 with the intent to commit a crime therein was redefined as burglary in the second degree, KRS 511.030(1), but entering or remaining in a "building" under the presently defined aggravating circumstances…”
Hedges v. Commonwealth, 937 S.W.2d 703 (Ky. 1996). · cites it 12× “The elements of second degree burglary as set out in KRS 511.030(1) are as follows: A person is guilty of burglary in the second degree when, with the intent to commit a crime, [he] knowingly enters or remains unlawfully in a dwelling.”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). · cites it 4× “040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.030(1). The definitions of "building" and "dwelling" are *726 similar, but not identical.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “§ 708-811 (1) ("intentionally enters or remains unlawfully") Ky. Rev. Stat. § 511.030(1) ("knowingly enters or remains unlawfully") Me.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). · cites it 2× “" KRS 511.030 and KRS 511.040. Appellant contends an instruction on third degree burglary was warranted in this case because the attached garages could have been considered "buildings" that were separate and apart from the attached "dwellings.”
Shepherd v. Krueger, 911 F.3d 861 (7th Cir. 2018). “" Ky. Rev. Stat. Ann. § 511.030 . This definitional section is included in the same chapter of the statute: The following definitions apply in this chapter unless the context otherwise requires: (1) "Building," in addition to its ordinary meaning, means any structure, vehicle,…”
A.E. v. Commonwealth, 860 S.W.2d 790 (Ky. Ct. App. 1993). · cites it 6× “040) to second-degree burglary (KRS 511.030), and one charge of second-degree criminal mischief (KRS 512.”
Bartley v. Commonwealth, 400 S.W.3d 714 (Ky. 2013). “1994) (holding, in a burglary case, that “[t]he question of whether the porch constituted part of the ‘dwelling’ for purposes of KRS 511.030 was a question of law for the trial judge”); and see Medley v.”
Johnson v. Commonwealth, 875 S.W.2d 105 (Ky. Ct. App. 1994). · cites it 5× “At the close of the Commonwealth’s evidence at trial, Johnson’s counsel made a motion for a directed verdict on the second-degree burglary charge, on the grounds that the Commonwealth had not established that Johnson had entered a “dwelling,” per KRS 511.030. Johnson’s counsel…”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). “” KRS 511.030(1). Burglary in the first degree, a Class B felony, occurs if, in the course of the intrusion, the intruder actually injures someone (a non-participant in the crime), or if, as relevant here, he “[i]s armed with explosives or a deadly weapon.”
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). · cites it 3× “” KRS 511.030(1) (emphasis added). “Dwelling” is defined as “a building which is usually occupied by a person lodging therein.”
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— Ky. Rev. Stat. § 511.030(1) — 20 cases
Hedges v. Commonwealth, 937 S.W.2d 703 (Ky. 1996). “The elements of second degree burglary as set out in KRS 511.030(1) are as follows: A person is guilty of burglary in the second degree when, with the intent to commit a crime, [he] knowingly enters or remains unlawfully in a dwelling.”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004). “Finally, in 1980, unlawfully entering or remaining in a "dwelling" *870 with the intent to commit a crime therein was redefined as burglary in the second degree, KRS 511.030(1), but entering or remaining in a "building" under the presently defined aggravating circumstances…”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “§ 708-811 (1) ("intentionally enters or remains unlawfully") Ky. Rev. Stat. § 511.030(1) ("knowingly enters or remains unlawfully") Me.”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.030(1). The definitions of "building" and "dwelling" are *726 similar, but not identical.”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). “” KRS 511.030(1). Burglary in the first degree, a Class B felony, occurs if, in the course of the intrusion, the intruder actually injures someone (a non-participant in the crime), or if, as relevant here, he “[i]s armed with explosives or a deadly weapon.”
— Ky. Rev. Stat. § 511.030(2) — 8 cases
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004). “Finally, in 1980, unlawfully entering or remaining in a "dwelling" *870 with the intent to commit a crime therein was redefined as burglary in the second degree, KRS 511.030(1), but entering or remaining in a "building" under the presently defined aggravating circumstances…”
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.030(1). The definitions of "building" and "dwelling" are *726 similar, but not identical.”
Commonwealth v. Marcum, 873 S.W.2d 207 (Ky. 1994).
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). “” KRS 511.030(1) (emphasis added). “Dwelling” is defined as “a building which is usually occupied by a person lodging therein.”
William Mattingly v. Commonwealth of Kentucky (Ky. 2020).
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