Burglary penalties: habitation entered to commit a felony other than felony theft is which degree?

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

Answer: (A)

Entering a home without permission with the intention to commit a felony (and not theft) is punished as a first-degree felony. The combination of the dwelling (a habitation) and the specific intent to commit a felony other than theft places it in the most serious category for burglary offenses short of capital punishment.

This means penalties typically range from several years up to life in prison, with fines up to $10,000. The non-habitation burglary or lesser scenarios would carry lesser degrees (second-degree for many non-habitation cases), while the option of a misdemeanor is far too lenient for this type of intrusion.