569.170. Burglary in the second degree — penalties. — 1. A person commits the offense of burglary in the second degree when he or she knowingly:
(1) Enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein; or
(2) Enters unlawfully into a motor vehicle or any part of a motor vehicle with the intent to commit any felony or the offense of stealing. As used in this subdivision, "enters" means a person intrudes with:
(a) Any part of the body; or
(b) Any physical object connected with the body;
(3) Enters a restricted area of a commercial business for the purpose of committing a crime and the restricted area is:
(a) Commonly reserved for personnel of the commercial business where money or other property is kept; or
(b) Clearly marked with a sign or signs that indicate to the public that entry is forbidden.
2. (1) Except as provided in subdivision (2) of this subsection, the offense of burglary in the second degree is a class D felony.
(2) The offense of burglary in the second degree under:
(a) Subdivision (2) of subsection 1 of this section is a class C felony if the person was in possession of a firearm or stole a firearm from the motor vehicle; or
(b) Subdivision (3) of subsection 1 of this section is a class B misdemeanor unless committed as a second or subsequent violation of subdivision (3) of subsection 1 of this section, in which case it is a class A misdemeanor.
Notes of Decisions
United States v. Charles Naylor, II, 887 F.3d 397 (8th Cir. 2018).
· cites it 13× “The district court found that four of Naylor's prior Missouri second-degree burglary convictions under Mo. Rev. Stat. § 569.170 (1979) qualified as violent felonies, and imposed an ACCA-enhanced sentence of 180 months imprisonment.”
State v. Neighbors, 613 S.W.2d 143 (Mo. Ct. App. 1980).
· cites it 18× “016, RSMo 1978) with two counts of burglary in the second degree, a class C felony (Section 569.170, RSMo 1978). 1 Count one, in essence, charged that on or about January 27, 1979, defendant, acting in concert with another, “knowingly entered unlawfully” an “inhabitable…”
State v. Grim, 854 S.W.2d 403 (Mo. 1993).
· cites it 6× “" Section 569.170, RSMo 1986. The State did not charge this crime, however, electing instead to charge Grim with burglary in the first degree.”
State v. Green, 812 S.W.2d 779 (Mo. Ct. App. 1991).
· cites it 16× “Appellant was convicted by a jury of violating Mo.Rev.Stat. § 569.170 (1986), burglary in the second degree (Count I), Mo.”
State v. Wetrich, 412 P.3d 984 (Kan. 2018).
· cites it 3× “3d 1054 (2015), the panel first compared the Missouri burglary statute, Mo. Rev. Stat. § 569.170 (1986), with the Kansas burglary statute in effect when Wetrich committed his current crime of conviction in 2009, K.”
State v. Ashby, 339 S.W.3d 600 (Mo. Ct. App. 2011).
· cites it 16× “Section 569.170 RSMo 2000. Unless noted otherwise, all further statutory citations are to RSMo 2000.”
State v. Johnson, 150 S.W.3d 132 (Mo. Ct. App. 2004).
· cites it 8× “Carl Johnson (Defendant) appeals from the trial court’s judgment and sentence imposed after a jury found him guilty of: 1) one count of second-degree burglary, in violation of Section 569.170; 2) one count of misdemeanor stealing, in violation of Section 570.”
State v. Gibbs, 306 S.W.3d 178 (Mo. Ct. App. 2010).
· cites it 7× “Louis, following his conviction by jury of second degree burglary, in violation of Section 569.170 RSMo 2000 1 , and felony resisting arrest, in violation of Section 575.”
Taylor v. United States, 495 U.S. 575 (1990).
· cites it 2× “In 1979, all these statutes were replaced with Mo. Rev. Stat. § 569.170 (1986), which provides that a person commits second-degree burglary "when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a…”
State v. Prier, 634 S.W.2d 197 (Mo. 1982).
· cites it 8× “Appellant Kevin Prier was charged by grand jury indictment with second degree burglary, § 569.170, RSMo 1978, [1] and found guilty by a Jasper County jury of first degree trespass, § 569.”
State v. Dudley, 51 S.W.3d 44 (Mo. Ct. App. 2001).
· cites it 4× “011, RSMo, in that on or about the 24th day of May, 1999, in the County of Boone, State of Missouri, the defendant, acting in concert with Kevin Harris, knowingly entered unlawfully in an inhabitable structure, located at 4101 Lamp Lane, Columbia, Missouri, and possessed by…”
State v. Shockley, 98 S.W.3d 885 (Mo. Ct. App. 2003).
· cites it 6× “Following jury trial, Thomas Shockley (“Defendant”) was convicted of burglary in the second degree, § 569.170, RSMo 2000, and felony stealing, § 570.”
— Mo. Rev. Stat. § 569.170(1) — 2 cases
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