5-23-1. BURGLARY.

Any person who enters or remains in any structure with the intent to commit a crime therein is guilty of a burglary.

Burglary is a Class A crime.

The following affirmative defenses may be asserted by the Defendant in a burglary charge:

  1. That the premises involved were at the time open to the public; or
  2. That the Defendant had at the time permission or a privilege to enter the structure.
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