45-6-204. Burglary. - Montana Statutes

     45-6-204. Burglary. (1) A person commits the offense of burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
     (a) the person has the purpose to commit an offense in the occupied structure; or
     (b) the person knowingly or purposely commits any other offense within that structure.
     (2) A person commits the offense of aggravated burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
     (a) (i) the person has the purpose to commit an offense in the occupied structure; or
     (ii) the person knowingly or purposely commits any other offense within that structure; and
     (b) in effecting entry or in the course of committing the offense or in immediate flight after effecting entry or committing the offense:
     (i) the person or another participant in the offense is armed with explosives or a weapon; or
     (ii) the person purposely, knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.
     (3) A person convicted of the offense of burglary shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both. A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both.

     History: En. 94-6-204 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 260, L. 1975; R.C.M. 1947, 94-6-204; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 357, L. 1987; amd. Sec. 1665, Ch. 56, L. 2009; amd. Sec. 1, Ch. 263, L. 2009.