Iowa criminal charge
Burglary in the third degree in Iowa
Burglary in the third degree is a criminal offense under Iowa law, defined by Iowa Code § 713.6A. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 713.6A.
What is the penalty for burglary in the third degree in Iowa?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Burglary in the third degree — general — Applies to all burglary that is not first or second degree burglary, except as provided in subsection 2.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,025 to $10,245 (Burglary in the third degree — general — Applies to all burglary that is not first or second degree burglary, except as provided in subsection 2.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 2 years (Burglary of an unoccupied motor vehicle, motor truck, or vessel — first offense — Applies when the burglary in the third degree involves an unoccupied motor vehicle, motor truck, or vessel, for a first offense.; a sentence of more than one year is an indeterminate term (§903.1(2))) | discretionary | Iowa Code § 903.1 |
| Fine | $855 to $8,540 (Burglary of an unoccupied motor vehicle, motor truck, or vessel — first offense — Applies when the burglary in the third degree involves an unoccupied motor vehicle, motor truck, or vessel, for a first offense.; fine may not be suspended by the court (§903.1(1)); §911 surcharges added on top) | mandatory | Iowa Code § 903.1 |
Applies to current (2026 Iowa Code; fine levels per 2020 Acts ch 1074).
How is burglary in the third degree classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary in the third degree — general | Class “D” Felony | Applies to all burglary that is not first or second degree burglary, except as provided in subsection 2. | Iowa Code § 713.6A(1) |
| Burglary of an unoccupied motor vehicle, motor truck, or vessel — first offense | Aggravated Misdemeanor | Applies when the burglary in the third degree involves an unoccupied motor vehicle, motor truck, or vessel, for a first offense. | Iowa Code § 713.6A(2) |
Common questions about burglary in the third degree in Iowa
Is burglary in the third degree a felony or a misdemeanor in Iowa?
It depends on the circumstances: burglary in the third degree ranges from a Aggravated Misdemeanor to a Class “D” Felony in Iowa under Iowa Code § 713.6A.
Burglary in the third degree — general: Class “D” Felony (Iowa Code § 713.6A(1)) · Burglary of an unoccupied motor vehicle, motor truck, or vessel — first offense: Aggravated Misdemeanor (Iowa Code § 713.6A(2))
What are the penalties for burglary in the third degree in Iowa?
Which Iowa statute covers burglary in the third degree?
Burglary in the third degree is governed by Iowa Code § 713.6A (Burglary in the third degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.