§708-817 Burglary of a dwelling during an emergency period. (1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person: (a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and (b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time. (2) Burglary of a dwelling during an emergency period is a class A felony. [L 2006, c 116, pt of §3, am L 2014, c 111, §17]
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