§708-817 - Burglary of a dwelling during a civil defense emergency or disaster relief period.

     [§708-817]  Burglary of a dwelling during a civil defense emergency or disaster relief period.  (1)  A person commits the offense of burglary of a dwelling during a civil defense emergency or disaster relief period if the person:

    (a)   Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and

    (b)   Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling,

during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127.

     (2)  Burglary of a dwelling during a civil defense emergency or disaster relief period is a class A felony. [L 2006, c 116, pt of §3]