3502 - Burglary. - Pennsylvania Statutes

§ 3502. Burglary. (a) Offense defined.--A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. (b) Defense.--It is a defense to prosecution for burglary that the building or structure was abandoned. (c) Grading.-- (1) Except as provided in paragraph (2), burglary is a felony of the first degree. (2) If the building, structure or portion entered is not adapted for overnight accommodation and if no individual is present at the time of entry, burglary is a felony of the second degree. (d) Multiple convictions.--A person may not be convicted both for burglary and for the offense which it was his intent to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree. (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991) 1990 Amendment. Act 201 amended subsec. (c). Cross References. Section 3502 is referred to in sections 3311, 5708, 6105 of this title; sections 5552, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 3903, 7122 of Title 61 (Prisons and Parole).