{"jurisdiction": "us-ny", "code": "penal", "section": "140.25", "citation": "Penal Law § 140.25", "heading": "Burglary in the second degree", "text": ["§ 140.25 Burglary in the second degree.", "A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:", "1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:", "(a) Is armed with explosives or a deadly weapon; or", "(b) Causes physical injury to any person who is not a participant in the crime; or", "(c) Uses or threatens the immediate use of a dangerous instrument; or", "(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or", "2. The building is a dwelling.", "Burglary in the second degree is a class C felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/140.25", "from_official_api": true, "plain_english": "A person commits second-degree burglary by **knowingly entering or remaining unlawfully in a building to commit a crime** when:\n- **(1)** during entry, presence, or immediate flight, the person or another participant **is armed with explosives or a deadly weapon, injures a nonparticipant, uses or threatens immediate use of a dangerous instrument, or displays what appears to be a firearm**; or\n- **(2)** **the building is a dwelling**. ★\nIt is a **class C felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/140.25", "publisher": "Elyphived LLC"}