Burglary in the First DegreeIf someone breaks into a new home which has never had an occupant and steals tools inside, is it a Burglary I ?

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Burglary in the First DegreeIf someone breaks into a new home which has never had an occupant and steals tools inside, is it a Burglary I ?

Asked on April 24, 2009 under Criminal Law, Oregon

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First degree burglary involves breaking and entering a dwelling (place where a person or persons reside), or committing burglary involving any building when the defendant was armed with a dangerous weapon, attempted to harm another or caused injury to another.

Second degree burglary involves breaking and entering a building, not a dwelling.


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