§ 3502. Burglary.
(a) Offense defined.--A person commits the offense of burglary if, with the intent to commit a crime therein,
the person:
(1) (i) enters a building or occupied structure, or separately secured or occupied portion
thereof, that is adapted for overnight accommodations in which at the time of the
offense any person is present and the person commits, attempts or threatens to commit
a bodily injury crime therein;
(ii) enters a building or occupied structure, or separately secured or occupied portion
thereof that is adapted for overnight accommodations in which at the time of the offense
any person is present;
(2) enters a building or occupied structure, or separately secured or occupied portion
thereof that is adapted for overnight accommodations in which at the time of the offense
no person is present;
(3) enters a building or occupied structure, or separately secured or occupied portion
thereof that is not adapted for overnight accommodations in which at the time of the
offense any person is present; or
(4) enters a building or occupied structure, or separately secured or occupied portion
thereof that is not adapted for overnight accommodations in which at the time of the
offense no person is present.
(b) Defense.--It is a defense to prosecution for burglary if any of the following exists at the
time of the commission of the offense:
(1) The building or structure was abandoned.
(2) The premises are open to the public.
(3) The actor is licensed or privileged to enter.
(c) Grading.--
(1) Except as provided in paragraph (2), burglary is a felony of the first degree.
(2) As follows:
(i) Except under subparagraph (ii), an offense under subsection (a)(4) is a felony of
the second degree.
(ii) If the actor's intent upon entering the building, structure or portion under subparagraph
(i) is to commit theft of a controlled substance or designer drug as those terms are
defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, burglary is a felony of the first degree.
(d) Multiple convictions.--A person may not be sentenced both for burglary and for the offense which it was his
intent to commit after the burglarious entry or for an attempt to commit that offense,
unless the additional offense constitutes a felony of the first or second degree.
(d.1) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating
to adoption of guidelines for sentencing), shall provide for a sentencing enhancement
for courts to consider in cases involving burglary where a domestic animal is harmed
or killed in the course of the burglary.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Bodily injury crime." As follows:
(1) An act, attempt or threat to commit an act which would constitute a misdemeanor or
felony under the following:
Chapter 25 (relating to criminal homicide).
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 31 (relating to sexual offenses).
Section 3301 (relating to arson and related offenses).
Chapter 37 (relating to robbery).
Chapter 49 Subch. B (relating to victim and witness intimidation).
(2) The term includes violations of any protective order issued as a result of an act
related to domestic violence.
(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 5, 2012, P.L.1050, No.122,
eff. 60 days; Dec. 23, 2013, P.L.1264, No.131, eff. 60 days; Nov. 4, 2016, P.L.1194,
No.158, eff. 60 days; July 11, 2022, P.L.719, No.60, eff. 60 days)
2022 Amendment. Act 60 added subsec. (d.1).
2016 Amendment. Act 158 amended subsec. (a)(1) and added subsec. (e).
2013 Amendment. Act 131 amended subsec. (c)(2). Section 3 of Act 131 provided that the amendment shall
apply to offenses committed on or after the effective date of section 3.
Cross References. Section 3502 is referred to in sections 3311, 5702, 5708, 6105 of this title; sections
5552, 6307, 6308, 9714, 9720.7, 9802 of Title 42 (Judiciary and Judicial Procedure);
section 7122 of Title 61 (Prisons and Parole).
Notes of Decisions
Commonwealth v. Jones (2006)
pa · cites it 12×
“Appellant Andre Jones appeals from the Superior Court's order affirming the trial court's judgment of sentence for one count of burglary, 18 Pa.C.S. § 3502(a), and one count of criminal trespass, 18 Pa.”
Com. v. Reed, S. (2019)
pasuperct · cites it 7×
“§ 3502(a)(4), and not first -degree burglary under 18 Pa.C.S. § 3502(a)(1), (a)(2), or (a)(3).”
Commonwealth v. Graham (2010)
pa · cites it 12×
“[5] As further discussed below, the Commonwealth advances this argument without addressing that neither the term "occupied structure," nor the word "any," appears in the grading provisions of the central burglary statute, 18 Pa.C.S. § 3502(c). [6] In this regard, the…”
Com. v. Lites, B. (2020)
pasuperct · cites it 13×
“This Court granted reconsideration limited to that issue and withdrew our prior ____________________________________________ 118 Pa.C.S. § 3502; 18 Pa.C.S. § 3121; 18 Pa.”
Commonwealth v. Stallworth (2001)
pa · cites it 4×
“18 Pa.C.S. § 3502. Evidence that the victim had obtained a court order specifically excluding Appellant from her residence was probative of the Commonwealth's allegation that Appellant entered the residence while not licensed or privileged to do so.”
Commonwealth v. Cooper (2007)
pa · cites it 3×
“§ 3701(a)), and Burglary (18 Pa.C.S. § 3502(a)). On October 3, 2003, following a penalty phase hearing, the jury returned a sentence of death, finding one aggravating circumstance (a killing committed while in the perpetration of a felony, 42 Pa.”
Commonwealth v. Wright (2008)
pa · cites it 2×
“See 18 Pa.C.S. § 3502(a) (person is guilty of burglary if he enters building or occupied structure, or separately secured or occupied portion thereof, with intent to commit crime therein).”
Commonwealth v. Hagan (1995)
pa · cites it 6×
“§ 3501 defines an occupied structure as "any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.”
Commonwealth v. Rolan (1988)
pa · cites it 6×
“Our law now recognizes that non-privileged entries into any of these areas is a burglary because such entries pose a threat of violence to persons.”
Commonwealth v. Diggs (2008)
pa · cites it 2×
“” 18 Pa.C.S. § 3502(a). The only question Appellant raises is whether the evidence showed that he was not privileged to enter.”
— 18 Pa. Cons. Stat. § 3502(A)(1) — 1 case
— 18 Pa. Cons. Stat. § 3502(A)(1)(ii) — 1 case
— 18 Pa. Cons. Stat. § 3502(a) — 177 cases
Commonwealth v. Jones (2006)
pa
“Appellant Andre Jones appeals from the Superior Court's order affirming the trial court's judgment of sentence for one count of burglary, 18 Pa.C.S. § 3502(a), and one count of criminal trespass, 18 Pa.”
Commonwealth v. Cooper (2007)
pa
“§ 3701(a)), and Burglary (18 Pa.C.S. § 3502(a)). On October 3, 2003, following a penalty phase hearing, the jury returned a sentence of death, finding one aggravating circumstance (a killing committed while in the perpetration of a felony, 42 Pa.”
Commonwealth v. Wright (2008)
pa
“See 18 Pa.C.S. § 3502(a) (person is guilty of burglary if he enters building or occupied structure, or separately secured or occupied portion thereof, with intent to commit crime therein).”
Commonwealth v. Hagan (1995)
pa
“§ 3501 defines an occupied structure as "any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.”
Commonwealth v. Diggs (2008)
pa
“” 18 Pa.C.S. § 3502(a). The only question Appellant raises is whether the evidence showed that he was not privileged to enter.”
— 18 Pa. Cons. Stat. § 3502(a)(1) — 71 cases
Com. v. Lites, B. (2020)
pasuperct
“This Court granted reconsideration limited to that issue and withdrew our prior ____________________________________________ 118 Pa.C.S. § 3502; 18 Pa.C.S. § 3121; 18 Pa.”
Com. v. Reed, S. (2019)
pasuperct
“§ 3502(a)(4), and not first -degree burglary under 18 Pa.C.S. § 3502(a)(1), (a)(2), or (a)(3).”
— 18 Pa. Cons. Stat. § 3502(a)(1)(i) — 29 cases
— 18 Pa. Cons. Stat. § 3502(a)(1)(ii) — 19 cases
— 18 Pa. Cons. Stat. § 3502(a)(11) — 1 case
— 18 Pa. Cons. Stat. § 3502(a)(1Gi) — 1 case
— 18 Pa. Cons. Stat. § 3502(a)(2) — 50 cases
— 18 Pa. Cons. Stat. § 3502(a)(3) — 5 cases
— 18 Pa. Cons. Stat. § 3502(a)(4) — 42 cases
Com. v. Reed, S. (2019)
pasuperct
“§ 3502(a)(4), and not first -degree burglary under 18 Pa.C.S. § 3502(a)(1), (a)(2), or (a)(3).”
— 18 Pa. Cons. Stat. § 3502(a)(c)(2)(i) — 1 case
— 18 Pa. Cons. Stat. § 3502(a)(i) — 2 cases
— 18 Pa. Cons. Stat. § 3502(a)(ii) — 1 case
— 18 Pa. Cons. Stat. § 3502(a)(l) — 5 cases
— 18 Pa. Cons. Stat. § 3502(a)(l)(i) — 1 case
— 18 Pa. Cons. Stat. § 3502(b) — 5 cases
Commonwealth v. Rolan (1988)
pa
“Our law now recognizes that non-privileged entries into any of these areas is a burglary because such entries pose a threat of violence to persons.”
— 18 Pa. Cons. Stat. § 3502(b)(1) — 3 cases
— 18 Pa. Cons. Stat. § 3502(b)(3) — 5 cases
— 18 Pa. Cons. Stat. § 3502(c) — 13 cases
Commonwealth v. Jones (2006)
pa
“Appellant Andre Jones appeals from the Superior Court's order affirming the trial court's judgment of sentence for one count of burglary, 18 Pa.C.S. § 3502(a), and one count of criminal trespass, 18 Pa.”
Commonwealth v. Graham (2010)
pa
“[5] As further discussed below, the Commonwealth advances this argument without addressing that neither the term "occupied structure," nor the word "any," appears in the grading provisions of the central burglary statute, 18 Pa.C.S. § 3502(c). [6] In this regard, the…”
Commonwealth v. Rolan (1988)
pa
“Our law now recognizes that non-privileged entries into any of these areas is a burglary because such entries pose a threat of violence to persons.”
— 18 Pa. Cons. Stat. § 3502(c)(1) — 14 cases
Commonwealth v. Graham (2010)
pa
“[5] As further discussed below, the Commonwealth advances this argument without addressing that neither the term "occupied structure," nor the word "any," appears in the grading provisions of the central burglary statute, 18 Pa.C.S. § 3502(c). [6] In this regard, the…”
Com. v. Lites, B. (2020)
pasuperct
“This Court granted reconsideration limited to that issue and withdrew our prior ____________________________________________ 118 Pa.C.S. § 3502; 18 Pa.C.S. § 3121; 18 Pa.”
— 18 Pa. Cons. Stat. § 3502(c)(2) — 9 cases
Commonwealth v. Graham (2010)
pa
“[5] As further discussed below, the Commonwealth advances this argument without addressing that neither the term "occupied structure," nor the word "any," appears in the grading provisions of the central burglary statute, 18 Pa.C.S. § 3502(c). [6] In this regard, the…”
— 18 Pa. Cons. Stat. § 3502(c)(2)(ii) — 1 case
— 18 Pa. Cons. Stat. § 3502(d) — 28 cases
— 18 Pa. Cons. Stat. § 3502(d)(11) — 1 case
— 18 Pa. Cons. Stat. § 3502(e) — 2 cases
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