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

Ky. Rev. Stat. § 511.040 (2026)

Burglary in the third degree

✓ current as of May 2026
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(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a building. (2) Burglary in the third degree is a Class D 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 C felony. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 151, sec. 5, effective July 14, 2022. -- Amended 1980 Ky. Acts ch. 376, sec. 4, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 125, sec. 3, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 99, effective January 1, 1975.

Notes of Decisions
Cited in 47 cases (8 in the last 5 years), 1978–2024 · leading case: Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
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Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). · cites it 4× “If the property is a "building," the offense is third-degree burglary, KRS 511.040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). · cites it 2× “” KRS 511.040(1). A “building,” for the purposes of the burglary statutes, is a building in its ordinary sense plus “any structure, vehicle, watercraft or aircraft: (a) Where any person lives, or (b) Where people assemble for [various] purposes.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). · cites it 2× “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.”
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016). · cites it 3× “The offense bumps up to second-degree burglary, a Class C felony, when the building is a “dwelling.”
Commonwealth v. Partee, 122 S.W.3d 572 (Ky. 2003). · cites it 4× “KRS 511.040 provides as follows: "A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.”
Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009). · cites it 2× “" We note that second- and third-degree burglary similarly require the same intent to commit a crime when unlawfully entering or remaining in a dwelling or other building.”
Mondie v. Commonwealth, 158 S.W.3d 203 (Ky. 2005). “; KRS 511.040. 12 . KRS 503.010(2). 13 . KENTUCKY CRIMINAL LAW, supra note 9, § 4-4(c)(3).”
Stamps v. Commonwealth, 602 S.W.2d 172 (Ky. 1980). · cites it 3× “The Movant, Johnny Lee Stamps, was tried in Christian Circuit Court, convicted of third-degree burglary pursuant to KRS 511.040, and sentenced to five years in the penitentiary.”
State of New Hampshire v. Tariq Zubhuza, 90 A.3d 614 (N.H. 2014). “2012); Ky. Rev. Stat. Ann. § 511.040 (LexisNexis 2008); Mont.”
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). · cites it 2× “If the property is a “building,” the offense is third-degree burglary, KRS 511.040(1); if it is a “dwelling,” the offense is second-degree burglary, KRS 511.”
Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003). “The parties may also wish to address what it means for a restitution order under KRS 532.032 to be “consistent” with KRS 533.”
Matthews v. Simpson, 603 F. Supp. 2d 960 (W.D. Ky. 2009). · cites it 2× “” Ky Rev. Stat. § 511.040. The statute clearly was intended to change the law of burglary.”
Show all 47 citing cases →
— Ky. Rev. Stat. § 511.040(1) — 15 cases
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “If the property is a "building," the offense is third-degree burglary, KRS 511.040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). “” KRS 511.040(1). A “building,” for the purposes of the burglary statutes, is a building in its ordinary sense plus “any structure, vehicle, watercraft or aircraft: (a) Where any person lives, or (b) Where people assemble for [various] purposes.”
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016). “The offense bumps up to second-degree burglary, a Class C felony, when the building is a “dwelling.”
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). “If the property is a “building,” the offense is third-degree burglary, KRS 511.040(1); if it is a “dwelling,” the offense is second-degree burglary, KRS 511.”
Stewart v. Commonwealth, 793 S.W.2d 859 (Ky. Ct. App. 1990).
— Ky. Rev. Stat. § 511.040(2) — 11 cases
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “If the property is a "building," the offense is third-degree burglary, KRS 511.040(1); if it is a "dwelling," the offense is second-degree burglary, KRS 511.”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). “” KRS 511.040(1). A “building,” for the purposes of the burglary statutes, is a building in its ordinary sense plus “any structure, vehicle, watercraft or aircraft: (a) Where any person lives, or (b) Where people assemble for [various] purposes.”
McGruder v. Commonwealth, 487 S.W.3d 884 (Ky. 2016). “The offense bumps up to second-degree burglary, a Class C felony, when the building is a “dwelling.”
Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003). “If the property is a “building,” the offense is third-degree burglary, KRS 511.040(1); if it is a “dwelling,” the offense is second-degree burglary, KRS 511.”
Lonnie Conyers v. Commonwealth of Kentucky (Ky. 2017).
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