Statute · New York Penal Law
N.Y. Penal Law § 140.25 — Burglary in the second degree
N.Y. Penal Law § 140.25
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 140.25 Burglary in the second degree.
Citator
N.Y. Penal Law § 140.25 — Burglary in the second degree is in force in the current edition of the Code, and nothing recorded condemns it.
§ 140.25 Burglary in the second degree.
A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:
1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. The building is a dwelling.
Burglary in the second degree is a class C felony.