N.Y. Penal Law § 140.25 : Offenses Involving Damage To And Intrusion Upon Property — Penal — Burglary And Related Offenses — Burglary in the second degree

  • Date:

Current through 2016 New York Laws, Chapters 1 to 237

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. The building is a dwelling.

Burglary in the second degree is a class C felony.

N.Y. Penal Law § 140.25
SECTIONS