(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
(2) Second degree burglary is a class 4 felony, but it is a class 3 felony if:
It is a burglary of a dwelling;
The objective of the burglary is the theft of a controlled substance, as defined insection 18-18-102 (5), lawfully kept within any building or occupied structure; or
The objective of the burglary is the theft of one or more firearms or ammunition.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-203. L. 81: (2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99: (1) amended, p. 327, § 3, effective July 1. L. 2012: (2)(b) amended, (HB 12-1311), ch. 281, p. 1618, § 41, effective July 1. L. 2018: (2)(a) and (2)(b) amended and (2)(c) added, (HB 18-1077), ch. 376, p. 2280, § 1, effective June 6.