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Missouri Revised Statutes

Mo. Rev. Stat. § 569.160 (2026)

Burglary in the first degree

✓ current as of May 2026
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  569.160.  Burglary in the first degree — penalty. — 1.  A person commits the offense of burglary in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, the person or another participant in the offense:

  (1)  Is armed with explosives or a deadly weapon; or

  (2)  Causes or threatens immediate physical injury to any person who is not a participant in the crime; or

  (3)  There is present in the structure another person who is not a participant in the crime.

  2.  The offense of burglary in the first degree is a class B felony.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1998) Criminal is armed upon equipping himself with a weapon for the purpose of stealing it.  State v. Crews, 968 S.W.2d 763 (Mo.App. E.D.)

Notes of Decisions
Cited in 630 cases (26 in the last 5 years), 1978–2025 · leading case: State of Missouri v. Christopher Eric Hunt, 451 S.W.3d 251 (Mo. 2014).
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State of Missouri v. Christopher Eric Hunt, 451 S.W.3d 251 (Mo. 2014). · cites it 14× “The evidence on the burglary charge under section 569.160 1 was insufficient because it did not establish both the required elements of a knowingly unlawful entry and the intent to commit a crime.”
State v. Bowman, 311 S.W.3d 341 (Mo. Ct. App. 2010). · cites it 34× “Bowman (Bowman) appeals the trial court’s judgment convicting him, after a jury trial, of one count of first-degree burglary in violation of section 569.160. 1 On appeal, he presents two points in which he challenges the sufficiency of the evidence and the trial court’s verdict…”
State v. Stewart, 560 S.W.3d 531 (Mo. 2018). · cites it 4× “074, first-degree burglary, § 569.160, and armed criminal action, § 572.”
State v. Cooper, 215 S.W.3d 123 (Mo. 2007). · cites it 7× “Defendant Tyrone Cooper appeals from the judgment entered upon his conviction following a jury trial for the class B felony of burglary in the first-degree in violation of section 569.160, RSMo 2000. Cooper was sentenced as a prior and persistent offender to life imprisonment.”
State v. Olten, 326 S.W.3d 137 (Mo. Ct. App. 2010). · cites it 19× “(“Olten”), was convicted on one count of burglary in the first degree, § 569.160, 1 and one count of burglary in the second degree, § 569.”
State v. Naylor, 510 S.W.3d 855 (Mo. 2017). · cites it 3× “Draper III, Judge Following a jury trial, Orlando Naylor (hereinafter, “Naylor”) was convicted of first-degree burglary, section 569.160, RSMo 2000, 1 misdemeanor stealing, section 570.”
State of Missouri v. Arthur B. Robinson, 484 S.W.3d 862 (Mo. Ct. App. 2016). · cites it 7× “Hoff, Judge Arthur B; Robinson (Defendant) appeals the judgment of his conviction after a jury trial on one count of burglary in the first degree, in violation of Section 569.160, RSMo 2000. 1 The trial court sentenced Defendant, as a prior and persistent offender, to twenty…”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “582 (1984) ; Mo. Rev. Stat. § 569.160 (1979) ; Mont. Code Ann.”
State of Missouri v. Daniel D. Hartman, 488 S.W.3d 53 (Mo. 2016). · cites it 4× “Hartman claims that his due process rights were violated during the penalty phase of his trial because the trial court excluded reliable witness testimony, which could have provided a basis for him to be exonerated.”
State v. Thomas, 70 S.W.3d 496 (Mo. Ct. App. 2002). · cites it 6× “015, first degree burglary in violation of Section 569.160, and first degree assault class B felony in violation of Section 565.”
State v. Carpenter, 109 S.W.3d 718 (Mo. Ct. App. 2003). · cites it 9× “Carpenter (“Appellant”) was convicted, following jury trial, of one count of the class B felony of burglary in the first degree, a violation of Section 569.160, 1 and one count of armed criminal action (“ACA”), a violation of Section 571.”
State v. Singleton, 602 S.W.2d 3 (Mo. Ct. App. 1980). · cites it 9× “Appellant was, by information, charged with the offense of burglary, first degree, a Class B felony under § 569.160, RSMo 1978. Since the errors on this appeal are interrelated with the information, the evidence, the statute and a specific instruction, the pertinent statutory…”
Show all 630 citing cases →
— Mo. Rev. Stat. § 569.160(1) — 3 cases
State v. Crews, 968 S.W.2d 763 (Mo. Ct. App. 1998).
State v. Sales, 255 S.W.3d 565 (Mo. Ct. App. 2008).
State v. Olten, 326 S.W.3d 137 (Mo. Ct. App. 2010). “(“Olten”), was convicted on one count of burglary in the first degree, § 569.160, 1 and one count of burglary in the second degree, § 569.”
— Mo. Rev. Stat. § 569.160(3) — 2 cases
State of Missouri v. Christopher Eric Hunt, 451 S.W.3d 251 (Mo. 2014). “The evidence on the burglary charge under section 569.160 1 was insufficient because it did not establish both the required elements of a knowingly unlawful entry and the intent to commit a crime.”
State of Missouri v. Orlando Naylor (Mo. Ct. App. 2016).
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