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Ind. Code § 35-43-2-1

Burglary

Applied in 294 court decisions — leading case Spivey v. State (2002)

Most recently applied in United States v. Paul Erlinger (August 2023)

As added by Acts 1976, P.L.148, SEC.3

How often courts cite this section

1978198019902000201020202023320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. However, the offense is:

(1) a Level 4 felony if the building or structure is a dwelling;

(2) a Level 3 felony if it results in bodily injury to any person other than a defendant;

(3) a Level 2 felony if it:

(A) is committed while armed with a deadly weapon; or

(B) results in serious bodily injury to any person other than a defendant; and

(4) a Level 1 felony if:

(A) the building or structure is a dwelling; and

(B) it results in serious bodily injury to any person other than a defendant.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.