Kentucky 2nd Degree Burglary Law

Kentucky 2nd Degree Burglary Law thumbnail
Being inside a building where you are not supposed to be constitutes the crime of burglary.

In 2009, 29,701 burglary charges were filed in the state of Kentucky -- a little more than 81 per day. Though this represents about a 250 percent increase since 1960, the first year for which records are available, the numbers have declined since the early 1980s, when the figure hovered close to 38,000 for several years.

  1. Definition

    • Kentucky defines burglary in the second degree as knowingly entering or remaining unlawfully in a building. The burglar doesn't need to take anything; the offender's presence in the building constitutes the crime.

    Sentencing

    • Burglary in the second degree is a Class C felony in Kentucky. State law defines a Class C felony as any crime "for which the potential punishment is incarceration of at least five years but no more than 10 years in a state jail or prison."

    Repeat Offenders

    • If a person convicted of burglary in the second degree is at least 21 years of age and has a prior felony conviction, the law requires that they be sentenced as if for a Class B felony, doubling the length of the possible sentence. Class B felonies are punishable by at least 10 but not more than 20 years in state prison.

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