Burglary of a dwelling during an emergency period

(1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person:

     (a)  Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and

     (b)  Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time.

     (2)  Burglary of a dwelling during an emergency period is a class A felony. [L 2006, c 116, pt of §3, am L 2014, c 111, §17]