1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply:

 a. The person has possession of an explosive or incendiary device or material.
 b. The person has possession of a dangerous weapon.
 c. The person intentionally or recklessly inflicts bodily injury on any person.
 d. The person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1.

Terms Used In Iowa Code 713.3

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
 2. Burglary in the first degree is a class “B” felony.
 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1, paragraphs “a”, “b”, or “c”, the fact finder shall make a determination as provided in section 692A.126.