Burglary Charges Under RSMo: Degrees, Penalties, and Enhancements

Missouri burglary charges fall into two statutory degrees, plus a separate felony for possessing burglar’s tools. First-degree burglary is a Class B felony punishable by five to fifteen years in prison. Second-degree burglary ranges from a Class C felony down to a misdemeanor depending on the circumstances. What moves a case from one charge to another is where the entry happened, whether anyone else was inside, and whether a weapon was involved.

First-Degree Burglary

First-degree burglary is the most serious property-intrusion charge in the state. Under RSMo 569.160, you commit this offense by knowingly entering or remaining unlawfully in a building or inhabitable structure with the purpose of committing any crime inside, combined with at least one aggravating factor during the entry, the time inside, or while fleeing.¹

Three aggravating factors can push the charge up:

Being armed with explosives or a deadly weapon, whether brought along or picked up after entering.
Causing or threatening physical injury to someone who is not participating in the crime.
Another person who is not involved in the crime being present in the structure.

That third factor catches many people off guard. If a resident is asleep upstairs while someone breaks into the ground floor intending to steal, the charge is first-degree burglary. The statute does not require the intruder to know anyone else was there.¹

The intended crime inside does not have to be a felony. The statute uses the word “offense,” which covers misdemeanors. Breaking into a building to commit minor vandalism while carrying a weapon is first-degree burglary just as much as a planned major theft.

First-degree burglary is a Class B felony, punishable by five to fifteen years in the Missouri Department of Corrections.¹²

Second-Degree Burglary

Second-degree burglary under RSMo 569.170 is broader than most people expect. It covers three distinct situations, and each carries its own penalty classification.³

Entering a Building or Inhabitable Structure

The classic second-degree charge applies when someone knowingly enters or remains unlawfully in a building or inhabitable structure with the purpose of committing a crime inside, and none of the first-degree aggravating factors are present. No weapon, no threats, nobody else in the building. This is a Class D felony, carrying up to seven years in prison.³²

Entering a Motor Vehicle

Missouri treats vehicle break-ins more seriously than many states. Unlawfully entering a motor vehicle, or any part of one, with the intent to commit a felony or to steal is second-degree burglary. The statute defines “enters” broadly: intruding with any part of the body or any physical object connected to the body. Reaching through a broken window to grab something off the seat qualifies.³

Motor vehicle burglary is normally a Class D felony. But if the person had a firearm or stole a firearm from the vehicle, the charge rises to a Class C felony, carrying three to ten years in prison.³²

Entering a Restricted Commercial Area

A lesser-known provision covers entering a restricted area of a commercial business to commit a crime. The restricted area must be either a space commonly reserved for employees where money or property is kept, or an area clearly marked with signs telling the public that entry is forbidden. A first offense is a Class B misdemeanor, punishable by up to six months. A second or subsequent offense becomes a Class A misdemeanor, carrying up to one year.³²

Possession of Burglar’s Tools

Missouri criminalizes the preparatory side of burglary through RSMo 569.180. A person commits this offense by possessing any tool, instrument, or article adapted, designed, or commonly used for forcing entry into buildings, with the purpose of using it for an unlawful break-in, or with knowledge that someone else plans to use it that way.⁴

Owning a pry bar or a set of lock picks is not, by itself, illegal. The charge requires proof of criminal intent, and prosecutors typically build that case from circumstances: being found near a closed business after hours with tools and no legitimate reason to be there, or having tools alongside gloves and a floor plan of a specific building.

The knowledge prong matters too. You can face this charge even if you never planned to use the tools yourself, as long as you knew someone else intended to use them for a break-in. Possession of burglar’s tools is a Class E felony, carrying up to four years in prison.⁴²

Penalties at a Glance

Missouri’s felony classification system sets the sentencing range for each burglary-related offense. For Class D and E felonies, the court has the option of sentencing the defendant to up to one year in a county jail instead of state prison.²

First-degree burglary, Class B felony: five to fifteen years in the Department of Corrections.
Second-degree burglary of a building or vehicle, Class D felony: up to seven years in prison, or up to one year in county jail.
Second-degree vehicle burglary involving a firearm, Class C felony: three to ten years.
Restricted commercial area entry, Class B misdemeanor: up to six months. Repeat offense, Class A misdemeanor: up to one year.
Possession of burglar’s tools, Class E felony: up to four years in prison, or up to one year in county jail.

Fines may be imposed on top of imprisonment, with the court setting the amount based on the felony class and the circumstances.

Enhanced Sentences for Repeat Offenders

A prior criminal record can change these penalties significantly. Under RSMo 558.016, Missouri classifies repeat offenders into tiers. A “prior offender” has one prior felony conviction. A “persistent offender” has two or more felony convictions from separate incidents. A “dangerous offender” committed the current felony while knowingly endangering someone’s life and has a prior Class A or B felony or dangerous felony conviction.⁵

For persistent and dangerous offenders convicted of a Class B, C, D, or E felony, the court must sentence them at one felony class higher than the offense itself. A persistent offender convicted of second-degree burglary, normally a Class D felony capped at seven years, would be sentenced as a Class C felony and face three to ten years. A persistent offender convicted of first-degree burglary, a Class B offense, would be sentenced under Class A ranges: ten to thirty years, or life imprisonment.⁵²

What Counts as a Building or Inhabitable Structure

Missouri’s burglary statutes protect more than houses and storefronts. The law uses the term “inhabitable structure,” which covers any ship, trailer, sleeping car, airplane, vehicle, or other structure where a person lives, runs a business, or where people gather for government, education, religion, entertainment, or public transportation purposes. A structure used for overnight accommodation also qualifies. A place counts as inhabitable even when nobody is physically present at the time of the intrusion.⁶

“Unlawful” entry has its own definition. You enter or remain unlawfully when you are not licensed or privileged to be in a location. If a building is open to the public, you generally have permission to be there unless the owner or an authorized person personally tells you to leave and you refuse.⁶

Collateral Consequences of a Felony Burglary Conviction

The prison sentence is only part of what a felony burglary conviction brings. Federal law prohibits any person convicted of a crime punishable by more than one year of imprisonment from possessing, shipping, transporting, or receiving a firearm or ammunition. Every degree of burglary in Missouri except the restricted-commercial-area misdemeanor meets that threshold.⁷ Missouri imposes its own ban as well: a person convicted of any felony under Missouri law commits a separate Class C felony by knowingly possessing a firearm afterward. If the underlying conviction was for a dangerous felony, or if the person has a prior conviction for unlawful firearm possession, the new charge rises to a Class B felony.⁸

A felony conviction can also affect employment, professional licensing, housing applications, voting rights during incarceration or supervision, and eligibility for certain public benefits. Courts have authority to order restitution to victims for losses caused by the offense, including property damage, replacement costs, and related expenses.

1
Missouri Revisor of Statutes. Missouri Revised Statutes 569.160 – Burglary in the First Degree, Penalty
2
Missouri Revisor of Statutes. Missouri Code 558.011 – Imprisonment Terms, Authorized
3
Missouri Revisor of Statutes. Missouri Revised Statutes 569.170 – Burglary in the Second Degree, Penalties
4
Missouri Revisor of Statutes. Missouri Revised Statutes 569.180 – Possession of Burglars Tools, Penalty
5
Missouri Revisor of Statutes. Missouri Code 558.016 – Extended Terms for Repeat Offenders
6
Missouri Revisor of Statutes. Missouri Code 569.010 – Definitions
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Missouri Revisor of Statutes. Missouri Code 571.070 – Unlawful Possession of a Firearm, Penalty