(1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or she or another participant in the crime:
(a) Is armed with explosives or a deadly weapon;

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonybetween 20 years and lifebetween $1,000 and $10,000
Class B felonybetween 10 and 20 yearsbetween $1,000 and $10,000
For details, see § 532.060

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(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime.
(2) Burglary in the first degree is a Class B felony, unless the offense occurs during a declared emergency as defined by KRS § 39A.020 arising from a natural or man- made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A felony.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 3, effective July 14, 2022. — Amended
1980 Ky. Acts ch. 376, sec. 2, effective July 15, 1980. — Amended 1978 Ky. Acts ch.
125, sec. 1, effective June 17, 1978. — Created 1974 Ky. Acts ch. 406, sec. 97, effective January 1, 1975.