Section 13A-7-6

Burglary in the second degree.

(a) A person commits the crime of burglary in the second degree if he knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(1) Is armed with explosives or a deadly weapon; or

(2) Causes physical injury to any person who is not a participant in the crime; or

(3) Uses or threatens the immediate use of a dangerous instrument.

(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.

(c) Burglary in the second degree is a Class B felony.

(Acts 1977, No. 607, p. 812, §2611; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1.)