[§708-812.6]  Unauthorized entry in a
dwelling.  (1)  A person commits the offense of unauthorized entry in a
dwelling if the person intentionally or knowingly enters unlawfully into a
dwelling with reckless disregard of the risk that another person was lawfully
present in the dwelling, and another person was lawfully present in the
dwelling.



(2)  Unauthorized entry in a dwelling is a
class C felony.



(3)  It is an affirmative defense that reduces
this offense to a misdemeanor that at the time of the unlawful entry:



(a) There was a social gathering of invited guests at
the dwelling the defendant entered;



(b) The defendant intended to join the social
gathering; and



(c) The defendant had no intent to commit any
unlawful act other than the entry. [L 2006, c 230, pt of §2]



 



COMMENTARY ON §708-812.6



 



  Act 230, Session Laws 2006, added this section, creating the
offense of unauthorized entry in a dwelling.  The offense is a class C felony,
which may be reduced to a misdemeanor.