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569.170. Burglary in the second degree.

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Burglary in the second degree. 569.170.1.A person commits the crime of burglary in thesecond degree when he knowingly enters unlawfully or knowinglyremains unlawfully in a building or inhabitable structure for thepurpose of committing a crime therein. 2.Burglary in the second degree is a class C felony.(L. 1977 S.B. 60)Effective 1-1-79(1980) Trespass in the second degree is not a lesser includedoffense of burglary, as it does not require unlawful entering ofa building. State v. Neighbors (A.), 613 S.W.2d 143.(1980) Trespass in the first degree is lesser included offense ofburglary in second degree, as every element of lesser offense isincluded in greater offense of burglary, and it is impossible tocommit burglary without also committing trespass. State v.Neighbors (A.), 613 S.W.2d 143.(1984) Crime of burglary requires proof of incursion into abuilding or inhabitable structure; an unlicensed entry uponopen real property for whatever unlawful purpose does notconstitute burglary. State v. Butler (Mo.App.), 665 S.W.2d41.(1984) An entry, however slight, by any part of the defendant'sbody is sufficient to establish the element of entry. Statev. Sincup (Mo.App.), 674 S.W.2d 689.
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  • Burglary in the second degree.

    569.170. 1. A person commits the crime of burglary in thesecond degree when he knowingly enters unlawfully or knowinglyremains unlawfully in a building or inhabitable structure for thepurpose of committing a crime therein.

    2. Burglary in the second degree is a class C felony.

    (L. 1977 S.B. 60)

    Effective 1-1-79

    (1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A.), 613 S.W.2d 143.

    (1980) Trespass in the first degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State v. Neighbors (A.), 613 S.W.2d 143.

    (1984) Crime of burglary requires proof of incursion into a building or inhabitable structure; an unlicensed entry upon open real property for whatever unlawful purpose does not constitute burglary. State v. Butler (Mo.App.), 665 S.W.2d 41.

    (1984) An entry, however slight, by any part of the defendant's body is sufficient to establish the element of entry. State v. Sincup (Mo.App.), 674 S.W.2d 689.

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