Iowa Code § 713.5 : CRIMINAL LAW AND PROCEDURE — CRIME CONTROL AND CRIMINAL ACTS — BURGLARY — Burglary in the second degree
1. A person commits burglary in the second degree in either of the following circumstances:
a. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person.
b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary device or material, nor a dangerous weapon, and no bodily injury is caused to any person.
2. Burglary in the second degree is a class "C" felony.
3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section
692A.126.