1. 1. A person commits the offense of burglary in the second degree when he or she knowingly:

   1. (1) Enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein; or

   2. (2) Enters unlawfully into a motor vehicle or any part of a motor vehicle with the intent to commit any felony or the offense of stealing. As used in this subdivision, "enters" means a person intrudes with:

      1. (a) Any part of the body; or
      2. (b) Any physical object connected with the body;

   3. (3) Enters a restricted area of a commercial business for the purpose of committing a crime and the restricted area is:

      1. (a) Commonly reserved for personnel of the commercial business where money or other property is kept; or
      2. (b) Clearly marked with a sign or signs that indicate to the public that entry is forbidden.

2. 2.

   1. (1) Except as provided in subdivision (2) of this subsection, the offense of burglary in the second degree is a class D felony.

   2. (2) The offense of burglary in the second degree under:

      1. (a) Subdivision (2) of subsection 1 of this section is a class C felony if the person was in possession of a firearm or stole a firearm from the motor vehicle; or
      2. (b) Subdivision (3) of subsection 1 of this section is a class B misdemeanor unless committed as a second or subsequent violation of subdivision (3) of subsection 1 of this section, in which case it is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2025 S.B. 71)