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Burglary and Residential Entry

IC 35-43-2-1 — breaking and entering to commit a felony or theft is a Level 5 felony, and a Level 4 in a dwelling

Breaking and entering another's building or structure, meaning to commit a felony or theft in itLevel
Breaking and entering another's building or structure, meaning to commit a felony or theft in itAny building or structureLevelLevel 5 felony
Breaking and entering another's building or structure, meaning to commit a felony or theft in itA dwellingLevelLevel 4 felony
Breaking and entering another's building or structure, meaning to commit a felony or theft in itResulting in bodily injury to anyone but a defendantLevelLevel 3 felony
Breaking and entering another's building or structure, meaning to commit a felony or theft in itWhile armed with a deadly weapon, or resulting in serious bodily injuryLevelLevel 2 felony
Breaking and entering another's building or structure, meaning to commit a felony or theft in itA dwelling, resulting in serious bodily injuryLevelLevel 1 felony
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Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.

Knowingly or intentionally breaking and entering someone else's dwelling, with no intent to commit a felony or theft inside, is residential entry, a Level 6 felony.

Sources for this section (2)
  1. IC 35-43-2-1 — Burglary
  2. IC 35-43-2-1.5 — Residential entry

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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