1. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

   1. (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;
   2. (b) Causes or attempts to cause physical injury to any person; or
   3. (c) Uses or threatens to use a dangerous weapon.
2. (2) Burglary in the first degree is a Class A felony.

[1971 c.743 §137; 2003 c.577 §10]