In Alabama, the crime of burglary in the second degree can be committed in two distinct ways:
I
The first way a person can commit the crime is if they knowingly
enter or remains unlawfully in a building with the intent to commit a theft or a felony in the building,
and, if in gaining entry or while in the building or in immediate flight from the building, the person
(or another participant in the crime) causes physical injury to anyone who is not a
participant in the crime.
II
The second way a person can commit the crime of burglary in the second degree is if a person unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein. Alabama treats the invasion of
any person's home or "dwelling" more severely than a person entering a building. That's why under this version of burglary, second degree all that's required is for a person to enter a lawfully occupied dwelling with the intent to
commit either theft or a felony.
Burglary in the Second Degree is defined by Alabama Code Title 13A. Criminal Code § 13A-7-6 as follows:
(a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with the intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.
(c) Burglary in the second degree is a Class B felony.
