Pennsylvania Crimes Code
Burglary
Section 3501. Definitions.
Subject to additional definitions contained in
subsequent provisions of this chapter which are applicable
to specific provisions of this chapter, the following words
or phrases, when used in this chapter shall have, unless
the context clearly indicates otherwise, the meanings given
to them in this section:
"Occupied structure." Any structure, vehicle or place
adapted for overnight accommodation of persons, or for
carrying on business therein, whether or not a person is
actually present.
Section 3502. Burglary.
(a) Offense defined - A person is guilty of burglary if
he enters a building or occupied structure, or separately
secured or occupied portion thereof, with intent to commit
a crime therein, unless the premises are at the time open
to the public or the actor is licensed or privileged to
enter.
(b) Defense - It is a defense to prosecution for
burglary that the building or structure was abandoned.
(c) Grading -
(1) Except as provided in paragraph (2), burglary is a
felony of the first degree.
(2) If the building, structure or portion entered is not
adapted for overnight accommodation and if no individual is
present at the time of entry, burglary is a felony of the
second degree.
(Chgd. by L.1990, Act 201(1), eff. 7/1/91.)
(d) Multiple convictions - A person may not be convicted
both for burglary and for the offense which it was his
intent to commit after the burglarious entry or for an
attempt to commit that offense, unless the additional
offense constitutes a felony of the first or second degree.