1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title I: Offenses Involving Damage To and Intrusion Upon Property
  6. Article 140: Burglary and Related Offenses


Section 140.25 Burglary in the second degree

Penal (PEN)

  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.