713.5 Burglary in the second degree. 1. A person commits burglary in the second degree in either of the following circumstances: a. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or adangerous weapon, or a bodily injury results to any person. b. While perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person does not have possession of an explosive or incendiary deviceor material, nor a dangerous weapon, and no bodily injury is caused to any person. 2. Burglary in the second degree is a class 'C' felony.3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination asprovided in section 692A.126. [C79, 81, §713.3]C83, §713.592 Acts, ch 1231, §59; 94 Acts, ch 1107, §17; 2010 Acts, ch 1104, §18, 23Referred to in §692A.102, 692A.126 Sat Dec 23 12:28:58 2023 Iowa Code 2024, Section 713.5 (20, 0)
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