{"id":374213,"date":"2018-08-31T16:38:01","date_gmt":"2018-08-31T21:38:01","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/minnesota-law\/minnesota-burglary-laws.html"},"modified":"2018-08-31T16:51:39","modified_gmt":"2018-08-31T21:51:39","slug":"minnesota-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-burglary-laws.html","title":{"rendered":"Minnesota Burglary Laws"},"content":{"rendered":"\n
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Minnesota Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Burglary is generally defined as entering into a building without permission with the purpose of committing a crime inside. Although this is the general definition of burglary<\/a>, states usually provide a specific definition of the crime within their statutes. Many states also separate burglary into different degrees or levels based on specific circumstances surrounding the crime.<\/p>\r\n

In Minnesota, although there’s only one statute addressing burglary, the crime is separated into four degrees, with first degree burglary being the most serious. One common element for each of the degrees of burglary is that the entry into a building must be without consent. Another common element is that the burglar either has the intent<\/a> to commit a crime or actually commits a crime after entering. Although this may seem like an unnecessary factor, it means that a person can be convicted for burglary whether they actually achieved the crime they intended or not.<\/p>\r\n

An Overview of Minnesota Burglary Laws<\/h2>\r\n

Statutory language can take time to understand, which is why reading an overview of the law in plain English can be very helpful. The following chart provides an overview of burglary laws in Minnesota as well as links to the applicable statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Minnesota Statutes, Chapter 609. Criminal Code, Section 609.582<\/a> (Burglary<\/i>)<\/p>\r\n<\/td>\r\n<\/tr>

Defining the Offense<\/b><\/td>\r\n

Burglary in the first degree<\/i><\/b>: Entering a building without consent and either (1) intending to commit a crime, or (2) committing a crime; and<\/b>:<\/p>\r\n

Penalties<\/b><\/td>\r\n

Burglary in the first degree<\/i><\/b>: Punishable by imprisonment for up to 20 years and\/or a fine of up to $35,000. Additionally, there is a mandatory minimum of not less than six months in a county workhouse for burglary of an occupied dwelling although there may be sentencing exceptions for a first burglary<\/a>.<\/p>\r\n

Burglary in the second degree<\/i><\/b>: Punishable by imprisonment for up to 10 years and\/or a fine of up to $20,000.<\/p>\r\n

Burglary in the third degree<\/i><\/b>: Punishable by imprisonment for up to 5 years and\/or a fine of up to $10,000.<\/p>\r\n

Burglary in the fourth degree<\/i><\/b>: Punishable by imprisonment for up to 1 year and\/or a fine of up to $3,000.<\/p>\r\n<\/td>\r\n<\/tr>

Related Statute(s)<\/b><\/td>\r\n

Minnesota Statutes, Chapter 609. Criminal Code, Section 609.605<\/a> (Trespass<\/i>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Minnesota Burglary Laws: Related Resources<\/h2>\r\n