New York Laws
Penal Law (Pts. ONE — FOUR)
Part THREE Specific Offenses (Titles G — P)
Title I Offenses Involving Damage to and Intrusion Upon Property (Arts. 140 — 150)
Article 140 Burglary and Related Offenses (§§ 140.00 — 140.40)

§ 140.25. Burglary in the second degree

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

2. The building is a dwelling.

Burglary in the second degree is a class C felony.

 

[230603]