§708-812.6 Unauthorized entry in a dwelling in the second degree. (1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.
(2) Unauthorized entry in a dwelling in the second degree is a class C felony.
(3) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering; and
(c) The defendant had no intent to commit any unlawful act other than the entry. [L 2006, c 230, pt of §2; am L 2011, c 187, §3]
COMMENTARY ON §708-812.6
Act 230, Session Laws 2006, added this section, creating the offense of unauthorized entry in a dwelling. The offense is a class C felony, which may be reduced to a misdemeanor.
Act 187, Session Laws 2011, redesignated the offense of unauthorized entry in a dwelling as a second degree offense. The legislature also repealed the element of reckless disregard of the risk that another person was lawfully present in the dwelling, with the intent that the presence of a person lawfully present in the dwelling shall be a strict liability element, and for purposes of prosecuting the offense, it shall not be necessary to prove that a defendant knew or had any reason to know that someone else was lawfully in the dwelling. Conference Committee Report No. 32.
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