{"jurisdiction": "us-ny", "code": "penal", "section": "140.30", "citation": "Penal Law § 140.30", "heading": "Burglary in the first degree", "text": ["§ 140.30 Burglary in the first degree.", "A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling 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; or", "4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.", "Burglary in the first degree is a class B felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/140.30", "from_official_api": true, "plain_english": "A person commits first-degree burglary by **knowingly entering or remaining unlawfully in a dwelling to commit a crime**, when, during entry, presence, or immediate flight, the person or another participant:\n- **(1)** **is armed with explosives or a deadly weapon**;\n- **(2)** **injures a nonparticipant**;\n- **(3)** **uses or threatens immediate use of a dangerous instrument**; or\n- **(4)** **displays what appears to be a firearm**. ★\nFor **(4)**, it is an affirmative defense that the displayed firearm was not loaded and capable of readily firing a death- or serious-injury-producing shot, though lesser burglary or another crime may still apply. The offense is a **class B felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/140.30", "publisher": "Elyphived LLC"}