[§708-817]  Burglary of a dwelling during a
civil defense emergency or disaster relief period.  (1)  A person commits
the offense of burglary of a dwelling during a civil defense emergency or
disaster relief period if 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,



during the time of a civil defense emergency
proclaimed by the governor pursuant to chapter 128, within the area covered by
the civil defense emergency or during the period of disaster relief under
chapter 127.



(2)  Burglary of a dwelling during a civil
defense emergency or disaster relief period is a class A felony. [L 2006, c
116, pt of §3]