Burglary of a commercial building that stores controlled substances with intent to steal controlled substances is which felony degree?

• A. State Jail Felony
• B. First Degree Felony
• C. Third Degree Felony
• D. Class A Misdemeanor

Answer: (C)

Burglary penalties depend on both the target of the crime and what the offender intends to take. When a person breaks into a commercial building that stores controlled substances with the intent to steal those substances, the statute assigns a specific felony level for that scenario. This builds in a higher seriousness for theft involving regulated drugs from a storage facility, even though it’s not a dwelling.

So, the act is charged as a third-degree felony because the location (a facility that stores controlled substances) combined with the intent to steal controlled substances places it at that particular level. This reflects the legislature’s view that stealing regulated drugs from a storage site is a serious offense, but not at the highest level reserved for more extreme circumstances like habitual dwelling burglaries or other aggravating factors.

Reason this fits better than the other options: a Class A misdemeanor is far too lenient for burglary with the intent to steal controlled substances, and a state jail felony is a lower category than a third-degree. A first-degree felony would typically apply to more serious burglaries, such as dwelling burglaries or other aggravated circumstances, which aren’t specified in this scenario.