§ 1201 -   Burglary

§ 1201. Burglary

(a) A person is guilty of burglary if he or she enters any building or structure knowing that he or she is not licensed or privileged to do so, with the intent to commit a felony, petit larceny, simple assault or unlawful mischief. This provision shall not apply to a licensed or privileged entry, or to an entry that takes place while the premises are open to the public, unless the person, with the intent to commit a crime specified in this subsection, surreptitiously remains in the building or structure after the license or privilege expires or after the premises no longer are open to the public.

(b) As used in this section, the words "building," "structure," and "premises" shall, in addition to their common meanings, include and mean any portion of a building, structure or premises which differs from one or more other portions of such building, structure or premises with respect to license or privilege to enter, or to being open to the public.

(c) A person convicted of burglary into an occupied dwelling shall be imprisoned not more than 25 years or fined not more than $1,000.00, or both. Otherwise a person convicted of burglary shall be imprisoned not more than 15 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 2.)