Burglary in Missouri does not require breaking anything, and it does not require stealing anything. It requires entering or staying somewhere unlawfully with the purpose of committing a crime inside. That makes it a charge that often turns on intent, and one where the line between burglary and trespass matters a great deal.
This guide covers first and second degree burglary under RSMo 569.160 and 569.170, including vehicle burglary as amended effective August 28, 2025, the felony class of each, and how burglary cases are defended.
The degrees
What is the difference between first and second degree burglary in Missouri?
First degree adds a weapon, an injury or threat, or another person present.
Burglary in the first degree
Knowingly entering or remaining unlawfully in a building or inhabitable structure to commit an offense, when the person or an accomplice is armed with explosives or a deadly weapon, causes or threatens immediate physical injury to a non-participant, or when another non-participant is present in the structure. A class B felony, 5 to 15 years. RSMo 569.160.
Burglary in the second degree
Knowingly entering or remaining unlawfully in a building or inhabitable structure to commit a crime, without the first degree factors. A class D felony, up to 7 years. RSMo 569.170.
The “another person present” factor is what turns many home burglaries into first degree charges. If anyone who was not part of the crime was inside, even asleep, the charge can be first degree.
Vehicles and businesses
Is breaking into a car burglary in Missouri?
It can be. Missouri’s second degree burglary statute now covers vehicles.
- Vehicle burglary. Entering a motor vehicle, or any part of it, unlawfully with the intent to commit a felony or to steal is second degree burglary. “Enters” includes reaching in with any part of the body or an object. It is a class D felony, or a class C felony if the person had a firearm or stole a firearm from the vehicle.
- Restricted business areas. Entering a restricted area of a business, such as an employees-only area where money or property is kept or an area clearly signed as off-limits, to commit a crime is second degree burglary but a class B misdemeanor, or a class A misdemeanor for a repeat violation.
Intent
What is the difference between burglary and trespass in Missouri?
The purpose of committing a crime inside.
Trespass in the first degree under RSMo 569.140 is knowingly entering or remaining unlawfully in a building or on certain property, and it is a misdemeanor. Burglary is the same unlawful entry plus the purpose of committing a crime inside. That purpose is usually proven by circumstantial evidence: what the person did inside, what they carried, and what they said.
Missouri law also says a person who enters a place open to the public enters lawfully unless they defy a lawful order to leave given personally by the owner or another authorized person. Shoplifting in an open store, for example, is generally stealing, not burglary.
Because the felony turns on intent, the difference between a felony burglary and a misdemeanor trespass is often the central issue in the case.
Defenses
How do you defend a burglary charge in Missouri?
By testing permission, intent, identity, and the aggravating factors.
- Permission. If the person had permission to be there, or reasonably believed they did, the entry was not unlawful. Disputes between family members, roommates, and former partners often raise this question.
- Intent. Without proof of a purpose to commit a crime inside, the case may be trespass at most.
- Identity. Many burglaries are charged on fingerprints, video, or possession of property later. Each has limits.
- First degree factors. Whether a weapon was a “deadly weapon,” whether a threat was made, and whether another person was actually present must each be proven.
A burglary charge is often filed with stealing, property damage, or assault. Each additional count should be examined on its own.
See Missouri stealing charges and our felony theft and property crime defense page. See also robbery charges. Damage during entry? See felony property damage.
FAQ
Missouri burglary questions
Is burglary a felony in Missouri?
Yes, in most forms. First degree burglary is a class B felony, and second degree burglary of a building or vehicle is a class D felony, or class C if a firearm was involved in a vehicle burglary. Entering a restricted business area is a misdemeanor form of second degree burglary.
Do you have to steal something for it to be burglary?
No. Burglary requires an unlawful entry with the purpose of committing a crime inside. The crime does not have to be completed, and it does not have to be theft.
Is it burglary if no one was home?
It can still be second degree burglary. Whether another non-participant was present is one of the factors that can make it first degree.
Can you be charged with burglary for entering your own home?
It depends on whether you had the right to be there. A protective order, a lease, or a separation can affect that, and these cases often turn on permission.
What is the sentence for first degree burglary in Missouri?
First degree burglary is a class B felony, with a range of 5 to 15 years under RSMo 558.011. Prior felony findings can raise the range.
See our criminal defense page, or call 573-638-8529. How the classes work: Missouri felony classes and sentencing.
Talk to us
Intent is the whole case.
If you have been charged with burglary in Cole, Boone, Callaway, or elsewhere in Missouri, call before the first court date.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri burglary law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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