2010 Pennsylvania Code
Chapter 35 - Burglary and Other Criminal Intrusion
3502 - Burglary.

     § 3502.  Burglary.
        (a)  Offense defined.--A person is guilty of burglary if he
     enters a building or occupied structure, or separately secured
     or occupied portion thereof, with intent to commit a crime
     therein, unless the premises are at the time open to the public
     or the actor is licensed or privileged to enter.
        (b)  Defense.--It is a defense to prosecution for burglary
     that the building or structure was abandoned.
        (c)  Grading.--
            (1)  Except as provided in paragraph (2), burglary is a
        felony of the first degree.
            (2)  If the building, structure or portion entered is not
        adapted for overnight accommodation and if no individual is
        present at the time of entry, burglary is a felony of the
        second degree.
        (d)  Multiple convictions.--A person may not be convicted
     both for burglary and for the offense which it was his intent to
     commit after the burglarious entry or for an attempt to commit
     that offense, unless the additional offense constitutes a felony
     of the first or second degree.
     (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991)

        1990 Amendment.  Act 201 amended subsec. (c).
        Cross References.  Section 3502 is referred to in sections
     3311, 5708, 6105 of this title; sections 5552, 9802 of Title 42
     (Judiciary and Judicial Procedure); sections 3903, 7122 of Title
     61 (Prisons and Parole).

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