Wichita Bail Bonds Blog

Burglary means unlawfully entering or remaining in a building, home, vehicle, or other property with the intent to commit a crime inside. The crime does not require the person to actually steal something, only to have the intent to commit theft, assault, or another felony once inside. In Kansas and most other states, burglary is classified as a felony because it involves trespassing and potential danger to others.

Legal Definition Of Burglary

Under Kansas law (K.S.A. 21-5807), burglary is defined as knowingly entering or remaining within any structure, dwelling, or vehicle without authority and with the intent to commit a felony, theft, or sexually motivated crime. The keyword is “intent.” Simply entering a building is not burglary unless there was intent to commit a crime after entry.

Elements Of Burglary

To convict someone of burglary, prosecutors must prove specific elements beyond a reasonable doubt.

• Unlawful entry – The person entered or stayed in a property without permission or legal authority.
• Intent to commit a crime – The individual intended to commit theft, assault, or another felony inside the premises.
• Occupied or unoccupied structure – Burglary can occur in both residential and commercial properties, whether or not people are present.

Types Of Burglary In Kansas

Kansas law recognizes several categories of burglary based on the type of property and potential danger involved.

• Burglary of a dwelling – Entering a home or residence unlawfully with the intent to commit a crime. This is the most serious form and is classified as a Level 7 person felony.
• Burglary of a non-dwelling – Entering a business, office, or other non-residential structure with criminal intent. Classified as a Level 9 nonperson felony.
• Burglary of a vehicle or other structure – Entering a motor vehicle, train, or similar property without authority to commit theft or another felony. Also charged as a Level 9 nonperson felony.

Burglary vs Theft vs Robbery

Burglary is often confused with theft or robbery, but the crimes are distinct.

• Theft – Involves taking someone’s property without permission and intending to keep it permanently. Theft does not always require breaking into a place.
• Burglary – Focuses on unlawful entry with intent to commit a crime, even if nothing is stolen.
• Robbery – Occurs when property is taken directly from someone by force, threat, or intimidation. Robbery always involves confrontation with the victim.

Penalties For Burglary In Kansas

Burglary is a felony offense with penalties that depend on the type of structure and prior criminal history.

• Burglary of a dwelling – Up to 34 months in prison for a first offense.
• Burglary of a non-dwelling or vehicle – Up to 17 months in prison.
• Fines – Can reach up to $100,000 plus restitution for damages or stolen property.

Defenses Against Burglary Charges

Common defenses include lack of intent, permission to enter, mistaken identity, or insufficient evidence. For instance, if a person entered a building without the intent to commit a crime, it may not qualify as burglary under Kansas law.

Burglary is a felony offense that combines trespassing with criminal intent. Even if nothing is stolen, simply entering a property unlawfully with plans to commit a crime qualifies as burglary under Kansas law.