140.30 - Burglary in the first degree.

§ 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.