Indiana statute

Ind. Code § 35-43-2-1 — Burglary

Current through 2026 Regular Session

Part of Chapter 2: Burglary and Trespass, Indiana Code.

Criminal charges under this statute

Burglary

Full text of Ind. Code § 35-43-2-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-43-2-1Primary source, current through the 2026 Regular Session

Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. However, the offense is: (1) a Level 4 felony if the building or structure is a dwelling; (2) a Level 3 felony if it results in bodily injury to any person other than a defendant; (3) a Level 2 felony if it: (A) is committed while armed with a deadly weapon; or (B) results in serious bodily injury to any person other than a defendant; and (4) a Level 1 felony if: (A) the building or structure is a dwelling; and (B) it results in serious bodily injury to any person other than a defendant.

Official sources

Legal terms used in this section

Questions this section answers

Is burglary a felony or a misdemeanor in Indiana?

It depends on the circumstances: burglary ranges from a Level 5 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-43-2-1.

Burglary (base offense): Level 5 Felony (Ind. Code § 35-43-2-1) · Burglary of a dwelling: Level 4 Felony (Ind. Code § 35-43-2-1) · Burglary resulting in bodily injury: Level 3 Felony (Ind. Code § 35-43-2-1) · Burglary while armed with a deadly weapon: Level 2 Felony (Ind. Code § 35-43-2-1)

Which Indiana statute covers burglary?

Burglary is governed by Ind. Code § 35-43-2-1 (Burglary).

This reference is informational and is not legal advice.