Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. However, the offense is:

(1) a Level 4 felony if the building or structure is a dwelling;

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 1 felonybetween 20 and 40 yearsup to $10,000
Level 2 felonybetween 10 and 30 yearsup to $10,000
Level 3 felonybetween 3 and 16 yearsup to $10,000
Level 4 felonybetween 2 and 12 yearsup to $10,000
Level 5 felonybetween 1 and 6 yearsup to $10,000
For details, see Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-4.5, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-6

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Terms Used In Indiana Code 35-43-2-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) a Level 3 felony if it results in bodily injury to any person other than a defendant;

(3) a Level 2 felony if it:

(A) is committed while armed with a deadly weapon; or

(B) results in serious bodily injury to any person other than a defendant; and

(4) a Level 1 felony if:

(A) the building or structure is a dwelling; and

(B) it results in serious bodily injury to any person other than a defendant.

As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.42; Acts 1982, P.L.204, SEC.36; P.L.88-1999, SEC.2; P.L.158-2013, SEC.460.