Burglary 2 Under Washington’s RCW: Elements, Sentencing, and Defenses

Second-degree burglary under RCW 9A.52.030 is a Class B felony in Washington, punishable by up to ten years in prison and a fine of up to $20,000.¹ The charge applies when someone enters or stays inside a non-residential building without permission and intends to commit a crime inside. It sits between first-degree burglary, which involves dwellings or weapons, and criminal trespass, which requires no criminal intent at all.

What the Prosecution Has to Prove

A conviction requires the state to prove two things beyond a reasonable doubt. First, you entered or remained unlawfully in a building that is neither a vehicle nor a dwelling. Second, you intended to commit a crime against a person or property inside that building at the time of the unlawful entry or while you remained.¹ Both elements have to be there. Without intent, the conduct is trespass. Without unlawful entry, there is no crime at all.

“Entering or remaining unlawfully” means the person was not licensed, invited, or otherwise privileged to be on the premises.² That covers straightforward break-ins. It also covers situations where permission was revoked or exceeded. A customer who stays inside a store after closing to steal merchandise is remaining unlawfully even though the original entry was fine.

On the intent side, the state does not have to show you actually committed a crime inside. It only has to show the intent existed when you entered or while you stayed. Prosecutors also do not have to identify the specific crime you planned to commit. A general intent to do something criminal inside the building is enough.¹

The Intent Inference

Proving what someone was thinking when they walked through a door is hard, and Washington law gives prosecutors a shortcut. Under RCW 9A.52.040, a jury may infer that anyone who enters or remains unlawfully in a building intended to commit a crime inside.³ The inference is not mandatory, and jurors decide how much weight to give it. In practice, once the state proves the unlawful entry, the defendant usually needs to offer some explanation for being there that does not involve criminal intent.

This is where most burglary 2 cases are won or lost. Gloves, pry tools, disabled security cameras, or flight when discovered strengthen the inference. A credible non-criminal reason for being inside can weaken it.

What Counts as a “Building”

Washington defines “building” more broadly than most people expect. Under RCW 9A.04.110, a building includes fenced areas, railway cars, cargo containers, and any structure used for business, storage of goods, or lodging.⁴ A locked storage unit, a fenced construction yard, and a shipping container full of inventory all qualify. If a building has multiple separately secured units, each one counts as its own building for charging purposes.

Two categories are carved out. Dwellings — any structure used or ordinarily used for lodging at night, including attached structures — fall under first-degree burglary, which is more serious.⁴ Vehicles are also excluded. Washington defines “vehicle” to include motor vehicles, aircraft, and any vessel equipped for propulsion by mechanical means or sail, so breaking into a boat or airplane with criminal intent is not charged as second-degree burglary.

How It Compares to Burglary 1 and Trespass

These three offenses form a ladder, and the dividing lines are sharper than people assume.

Criminal trespass in the first degree is knowingly entering or remaining unlawfully in a building, with no requirement of criminal intent. It is a gross misdemeanor.⁵
Burglary in the second degree is the same unlawful presence plus intent to commit a crime inside a non-residential, non-vehicle building. Class B felony.¹
Burglary in the first degree is the same conduct but inside a dwelling or vehicle, or where the person is armed with a deadly weapon or assaults someone inside. Class A felony, carrying a maximum of life.

The jump from trespass to burglary 2 turns entirely on criminal intent. That single element converts a gross misdemeanor into a felony with up to ten years of prison exposure.

Actual Sentence Exposure

The ten-year statutory maximum and the $20,000 fine are the ceilings, not the typical result.⁶ Actual sentences come from Washington’s sentencing grid, which cross-references the crime’s seriousness level against the defendant’s offender score.

Second-degree burglary sits at Seriousness Level III.⁷ For someone with an offender score of zero — no prior criminal history that counts toward the score — the standard range is one to three months of confinement.⁸ The range climbs with each prior conviction that adds to the score. A person with substantial criminal history could face several years, though no sentence can exceed the ten-year statutory cap.

Community Custody

Confinement is only part of the sentence. Because burglary 2 is classified as a crime against persons, it carries up to one year of community custody after release.⁹ Violating a supervision condition during that period can result in additional confinement.

Restitution

Washington courts are required to order restitution as part of every felony sentence.¹⁰ Restitution covers property damage or loss, actual medical expenses, lost wages, and counseling costs reasonably related to the offense. It does not cover pain and suffering or other non-economic losses.¹¹

What Follows the Sentence

The prison time and fine are the obvious penalties. The consequences that follow a person after they finish their sentence are often more damaging.

Firearms

Under RCW 9.41.040, any person convicted of a felony in Washington is prohibited from possessing a firearm. Burglary is specifically listed among the offenses where even a probationary dismissal does not automatically restore firearm rights.¹² Violating the prohibition is a separate felony. Firearm rights can be restored through a petition under RCW 9.41.041, but it requires a court order and is not guaranteed.

Immigration

For non-citizens, a burglary conviction frequently qualifies as a crime involving moral turpitude. That can trigger deportation or make a person inadmissible. Whether it does depends on the specific facts, the sentence, and the person’s immigration history. A guilty plea entered to avoid jail time can result in permanent removal. Anyone facing a burglary charge who is not a U.S. citizen should consult an immigration attorney before entering any plea.

Voting

Washington restores voting rights automatically once a person is no longer serving total confinement under the Department of Corrections. Someone on community custody, probation, or parole can register and vote. A person still incarcerated cannot.¹³

DNA

Every person convicted of a felony in Washington must provide a biological sample for DNA identification. Refusing to comply is itself a gross misdemeanor.¹⁴

Jobs and Licenses

A Class B felony conviction shows up on background checks and can disqualify applicants from jobs in security, finance, education, healthcare, and government. Professional licensing boards evaluate felony convictions case by case, but burglary — a crime of dishonesty involving unauthorized entry — tends to be treated more harshly than many other felonies. There is no fixed waiting period after which a conviction stops mattering; each board applies its own standards.

Defenses That Move Cases

The two-element structure gives defense attorneys two targets. If either element fails, the charge does not hold.

Challenging Unlawful Entry

If you had permission to be in the building, there is no unlawful entry or remaining. This defense comes up when a person had a key, was an employee, or was invited by someone with authority over the space. Even expired or ambiguous permission can create reasonable doubt. A former tenant who enters a commercial unit before the landlord changes the locks occupies a gray area that prosecutors sometimes struggle to prove beyond a reasonable doubt.

Challenging Intent

Even where unlawful entry is clear, the state still has to prove criminal intent. Someone who entered a warehouse to sleep, to retrieve personal belongings they believed were theirs, or out of curiosity may have committed trespass but not burglary. Rebutting the statutory inference of intent is the core of most burglary 2 defenses. The stronger the non-criminal explanation, the harder it becomes for a jury to infer criminal purpose.

Claim of Right

When the intended crime is theft, a defendant who genuinely believed they had a right to the property inside may lack the required intent. A contractor who enters a locked job site after hours to retrieve tools they own is the classic example. The belief has to be held in good faith, though it does not have to be legally correct.

How Long the State Has to File

Prosecutors must file burglary charges within three years of the date the offense was committed.¹⁵ The clock pauses during any period when the suspect is not usually and publicly living in Washington. If charges are filed and then dismissed, the limitation period gets extended by the time between the original filing and the dismissal. Three years is a long window, and many commercial burglaries only come to light through security footage or inventory audits well after the fact.

The Burglary Tools Charge

Washington separately criminalizes possessing tools adapted or designed for committing burglary when the circumstances show an intent to use them that way. Under RCW 9A.52.060, items like lock picks, pry bars, and slim jims can support charges when found alongside other evidence of burglary intent — being on someone else’s property at night, wearing a mask, or carrying a bag for stolen goods. The tools themselves do not have to be inherently criminal. Ordinary screwdrivers and bolt cutters can qualify when the surrounding facts point toward planned burglary. This charge often appears as an additional count alongside burglary 2.

1
Washington State Legislature. RCW 9A.52.030 – Burglary in the Second Degree
2
Washington State Legislature. RCW 9A.52 – Burglary and Trespass
3
Washington State Legislature. RCW 9A.52.040 – Inference of Intent
4
Washington State Legislature. RCW 9A.04.110 – Definitions
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Washington State Legislature. RCW 9A.52.070 – Criminal Trespass in the First Degree
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Washington State Legislature. RCW 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984, and After
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Washington State Legislature. RCW 9.94A.515 – Table 2
8
Washington State Legislature. RCW 9.94A.510 – Table 1 Sentencing Grid
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Washington State Legislature. RCW 9.94A.701 – Community Custody
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Washington State Legislature. RCW 9.94A.505 – Sentencing
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Washington State Legislature. RCW 9.94A.750 – Restitution
12
Washington State Legislature. RCW 9.41.040 – Unlawful Possession of Firearms
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Washington State Legislature. RCW 29A.08.520 – Felony Convictions
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Washington State Legislature. RCW 43.43.754 – DNA Identification
15
Washington State Legislature. RCW 9A.04.080 – Statute of Limitations