Minnesota Statutes

Minn. Stat. § 609.582 (2026)

Burglary

✓ current as of May 2026

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Subdivision 1.Burglary in the first degree.

Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if:

(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building;

(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or

Subd. 1a.Mandatory minimum sentence for burglary of occupied dwelling.

A person convicted of committing burglary of an occupied dwelling, as defined in subdivision 1, clause (a), must be committed to the commissioner of corrections or county workhouse for not less than six months.

Subd. 2.Burglary in the second degree.

(a) Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if:

(1) the building is a dwelling;

(2) the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force;

(3) the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or

(4) when entering or while in the building, the burglar possesses a tool to gain access to money or property.

(b) Whoever enters a government building, religious establishment, historic property, or school building without consent and with intent to commit a crime under section 609.52 or 609.595, or enters a government building, religious establishment, historic property, or school building without consent and commits a crime under section 609.52 or 609.595 while in the building, either directly or as an accomplice, commits burglary in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Subd. 3.Burglary in the third degree.

(a) Except as otherwise provided in this section, whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:

(1) the person enters the building within one year after being told to leave the building and not return; and

(2) the person has been convicted within the preceding five years for an offense under this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625, 609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony sentence for the offense or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony sentence.

Subd. 4.Burglary in the fourth degree.

(a) Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

(b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the person enters the building within one year after being told to leave the building and not return.

Notes of Decisions

Cited in 285 cases (17 in the last 5 years), 1984–2026 · leading case: State v. Garcia-Gutierrez, 844 N.W.2d 519 (Minn. 2014).

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State v. Garcia-Gutierrez, 844 N.W.2d 519 (Minn. 2014). · cites it 53× “Respondents were charged with first-degree burglary under Minn.Stat. § 609.582, subd. 1(b) (2012), in connection with the break in of a home in Shakopee.”

State v. Colvin, 645 N.W.2d 449 (Minn. 2002). · cites it 12× “As a result of the events of February 25, 1999, Colvin was charged with first-degree burglary in violation of Minn.Stat. § 609.582, subd. 1(a) (2000), and violation of an OFP in violation of Minn.”

State v. Olson, 382 N.W.2d 279 (Minn. Ct. App. 1986). · cites it 50× “1(c) (1984) (assault of a person within building), second degree burglary under § 609.582, subd. 2(a) (1984), fourth degree burglary under § 609.”

State v. Spence, 768 N.W.2d 104 (Minn. 2009). · cites it 17× “Spence was convicted of two counts of first-degree burglary under Minn.Stat. § 609.582, subds. 1(a), 1(c) (2008), and one count of gross misdemeanor domestic assault under Minn.”

State v. Jackson, 749 N.W.2d 353 (Minn. 2008). · cites it 8× “Minn.Stat. § 609.582, subd. 1(a) (2006). The fact that the offense takes place in a dwelling elevates the crime to a higher grade than it would otherwise be.”

State v. Stein, 776 N.W.2d 709 (Minn. 2010). · cites it 10× “Appellant was charged with three counts of first-degree burglary, Minn.Stat. § 609.582, subd. 1(c) (2008). The jury found appellant guilty of one count of first-degree burglary, but failed to reach a verdict on the other two counts.”

State v. Jones, 921 N.W.2d 774 (Minn. Ct. App. 2018). · cites it 24× “Minn. Stat. § 609.582 , subd. 1(b). Appellant admits that he possessed a firearm while in the building, but argues that his plea testimony negated the element of entering the building "without consent" and argues that the plea colloquy fails to demonstrate that he "committed a…”

State v. King, 622 N.W.2d 800 (Minn. 2001). · cites it 8× “Both King and Weatherspoon were charged with two counts of aiding and abetting first-degree burglary in violation of Minn.Stat. §§ 609.582 (2000) and 609.05 (2000).”

State v. Holmes, 778 N.W.2d 336 (Minn. 2010). · cites it 12× “Holmes challenged the conviction and sentence for third-degree assault, arguing that Minn. Stat. § 609.582 , subd. 1(c) (2008), incorporates assault into this first-degree burglary offense, and therefore the assault is not “any other crime” within the meaning of Minn.”

United States v. Wakinyan McArthur, 850 F.3d 925 (8th Cir. 2017). · cites it 3× “Morris’s initial position on appeal was that the Minnesota third-degree burglary statute, Minn. Stat. Ann. § 609.582 , subd. 3, sets forth multiple, alternative versions of the crime, that at least one of the statute’s alternatives is not a violent felony, and that the district…”

Todd R. Chazen v. Matthew Marske, 938 F.3d 851 (7th Cir. 2019). · cites it 2× “Minn. Stat. § 609.582 (2)(a) (emphasis added).”

State v. Modtland, 695 N.W.2d 602 (Minn. 2005). · cites it 4× “Modtland was charged in Kanabec County District Court with first-degree burglary while possessing a firearm in violation of Minn.Stat. § 609.582, subd. 1(b) (2004); second-degree burglary in violation of Minn.”

Show all 285 citing cases →

— Minn. Stat. § 609.582(1) — 1 case

People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).

— Minn. Stat. § 609.582(4) — 1 case

United States v. Edward Knighten, 919 F.2d 80 (8th Cir. 1990).

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