North Dakota Statutes
§ 12.1-22-02 — Burglary
North Dakota § 12.1-22-02
This text of North Dakota § 12.1-22-02 (Burglary) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.D. Cent. Code § 12.1-22-02 (2026).
Text
1.A person is guilty of burglary if he willfully enters or surreptitiously remains in a building
or occupied structure, or a separately secured or occupied portion thereof, when at the
time the premises are not open to the public and the actor is not licensed, invited, or
otherwise privileged to enter or remain as the case may be, with intent to commit a
crime therein.
2.Burglary is a class B felony if:
a.The offense is committed at night and is knowingly perpetrated in the dwelling of
another; or
b.In effecting entry or while in the premises or in immediate flight therefrom, the
actor inflicts or attempts to inflict bodily injury or physical restraint on another, or
menaces another with imminent serious bodily injury, or is armed with a firearm,
destructive device, or other weapon the
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Related
State v. Ebach
1999 ND 5 (North Dakota Supreme Court, 1999)
State v. Sakellson
379 N.W.2d 779 (North Dakota Supreme Court, 1985)
State v. Haugen
458 N.W.2d 288 (North Dakota Supreme Court, 1990)
State v. Shepherd
554 N.W.2d 821 (North Dakota Supreme Court, 1996)
State v. Washington
2007 ND 138 (North Dakota Supreme Court, 2007)
State v. One 1990 Chevrolet Pickup, Vin 1GCDK14K8LZ185153
523 N.W.2d 389 (North Dakota Supreme Court, 1994)
Adam Winarske v. United States
913 F.3d 765 (Eighth Circuit, 2019)
Fonder v. Fonder
2012 ND 228 (North Dakota Supreme Court, 2012)
State v. Peterson
2016 ND 192 (North Dakota Supreme Court, 2016)
State v. Kirkpatrick
2012 ND 229 (North Dakota Supreme Court, 2012)
State v. Thompson
504 N.W.2d 838 (North Dakota Supreme Court, 1993)
State v. Myers
2017 ND 265 (North Dakota Supreme Court, 2017)
United States v. Jonathon Lee Kinney
888 F.3d 360 (Eighth Circuit, 2018)
State v. Lambert
539 N.W.2d 288 (North Dakota Supreme Court, 1995)
State v. Marshall
1999 ND 242 (North Dakota Supreme Court, 1999)
State v. Mertz
2012 ND 145 (North Dakota Supreme Court, 2012)
State v. Rovang
325 N.W.2d 276 (North Dakota Supreme Court, 1982)
State v. Arne
311 N.W.2d 186 (North Dakota Supreme Court, 1981)
Foreid v. State
2012 ND 125 (North Dakota Supreme Court, 2012)
State v. Dearinger
2022 ND 132 (North Dakota Supreme Court, 2022)
Nearby Sections
15
§ 12.1-01-02
General purposes§ 12.1-01-03
Proof and presumptions§ 12.1-01-03.1
Presumption of age§ 12.1-01-04
General definitions§ 12.1-02-01
Basis of liability for offenses§ 12.1-02-02
Requirements of culpability§ 12.1-02-03
Mistake of fact in affirmative defenses§ 12.1-02-04
Ignorance or mistake negating culpability§ 12.1-02-05
Causal relationship between conduct and result§ 12.1-03-01
Accomplices§ 12.1-03-04
Definitions and general provisionsCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 12.1-22-02, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/12.1-22-02.