1. 1. A person commits the offense of burglary in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, the person or another participant in the offense:

   1. (1) Is armed with explosives or a deadly weapon; or
   2. (2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or
   3. (3) There is present in the structure another person who is not a participant in the crime.
2. 2. The offense of burglary in the first degree is a class B felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1998) Criminal is armed upon equipping himself with a weapon for the purpose of stealing it. State v. Crews, 968 S.W.2d 763 (Mo.App. E.D.)