(1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person:
(a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and
(b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time.
(2) Burglary of a dwelling during an emergency period is a class A felony.