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(1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or she or another participant in the crime:
(a) Is armed with explosives or a deadly weapon;
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime.
(2) Burglary in the first degree is a Class B felony, unless the offense occurs during a declared emergency as defined by
KRS 39A.020 arising from a natural or manmade disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A felony.
KRS 511.020
Amended by 2022 Ky. Acts ch. 151,§ 3, eff. 7/13/2022.
Effective:7/15/1980
Amended 1980 Ky. Acts ch. 376, sec. 2, effective7/15/1980. -- Amended 1978 Ky. Acts ch. 125, sec. 1, effective 6/17/1978. -- Created 1974 Ky. Acts ch. 406, sec. 97, effective 1/1/1975.