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Burglary is unlawfully entering a building or a dwelling with the purpose of committing a crime once inside. If someone is in the building (such as the homeowner or renter) when the burglar unlawfully enters then it is burglary 1st degree. If nobody is in the building then it is burglary 2nd degree. It does not matter if the offender knew whether or not the home, apartment, or business had anyone inside.

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