The Law To Know

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Burglary: penalties in each state and country

Entering a building or other structure to commit a crime inside. Burglary of an occupied home is usually the most serious degree.

What to look for: Burglary of a home is treated much more harshly than burglary of a shed or a shop in many states.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

34 states covered so far

Alabama

1 year and 1 day to 10 years (third degree) up to life or 99 years (first degree)

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Alaska

Up to 5 years (second degree) up to 10 years (first degree)

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  • Burglary in the second degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Up to $50,000

    Presumptive range for a first felony conviction: 0 to 2 years. The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.310; AS 12.55.125(e); AS 12.55.035(b)

  • Burglary in the first degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $100,000

    Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.300; AS 12.55.125(d); AS 12.55.035(b)

Arizona

1 to 3.75 years (third degree) up to 3 to 12.5 years (first degree, residential)

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  • Burglary in the third degree (Class 4 felony)

    Least
    1 year
    Most
    3.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702).

    A.R.S. § 13-1506; § 13-702; § 13-801

  • Burglary in the second degree (residential structure) (Class 3 felony)

    Least
    2 years
    Most
    8.75 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 3.5 years, between 2.5 and 7 years; 2 years if mitigated and 8.75 years if aggravated (§ 13-702).

    A.R.S. § 13-1507; § 13-702; § 13-801

  • Burglary in the first degree of a residential structure (Class 2 felony)

    Least
    3 years
    Most
    12.5 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). First-degree burglary of a non-residential structure or a fenced yard is a Class 3 felony. If it is a dangerous offence, the Class 2 range is 7 to 21 years (§ 13-704).

    A.R.S. § 13-1508; § 13-702; § 13-801

California

No minimum, up to 1 year (second degree) up to 2 to 6 years (first degree)

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  • Burglary in the second degree (Wobbler: felony or misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Cal. Penal Code § 459; § 460; § 461

  • Burglary in the first degree (of an inhabited dwelling) (Felony)

    Least
    2 years
    Most
    6 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.

    Cal. Penal Code § 459; § 460; § 461

Colorado

A class 5 felony (second degree, other building) up to a class 3 felony (first degree)

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Connecticut

A class C felony (second degree) up to a class B felony (first degree)

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Delaware

Up to 3 years (third degree) up to 2 to 25 years (first degree, armed or injuring)

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  • Burglary in the third degree (Class F felony)

    Least
    No minimum term set by the statute
    Most
    3 years

    11 Del. C. § 824; § 4205

  • Burglary in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    8 years

    11 Del. C. § 825; § 4205

  • Burglary in the first degree (Class C felony)

    Least
    1 year (minimum at Level V)
    Most
    15 years

    A minimum sentence of 1 year at Level V applies.

    11 Del. C. § 826; § 4205

  • Burglary in the first degree where the person is armed with explosives or a deadly weapon, or causes physical injury to a non-participant (Class B felony)

    Least
    2 years
    Most
    25 years

    11 Del. C. § 826; § 4205

Florida

Up to 5 years (third degree) up to life (first degree)

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  • Burglary in the third degree (Felony of the third degree)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $5,000

    Fla. Stat. § 810.02; § 775.082; § 775.083

  • Burglary in the second degree (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    Up to 15 years
    Fine
    Fine of up to $10,000

    For example, burglary of a dwelling, or of a structure or conveyance with a person inside.

    Fla. Stat. § 810.02; § 775.082; § 775.083

  • Burglary in the first degree (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    A term of years up to life
    Fine
    Fine of up to $10,000

    Where the offender makes an assault or battery, or is armed. A first-degree felony punishable by a term of years up to life.

    Fla. Stat. § 810.02; § 775.082; § 775.083

Idaho

1 to 10 years

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Illinois

A Class 3 felony (vehicles) up to a Class 1 felony (residential burglary)

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  • Burglary of a watercraft, aircraft, motor vehicle, railroad car or freight container (Class 3 felony)

    Least
    2 years
    Most
    5 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/19-1; 730 ILCS 5/5-4.5-40

  • Burglary of a building, housetrailer or other structure (Class 2 felony)

    Least
    3 years
    Most
    7 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/19-1; 730 ILCS 5/5-4.5-35

  • Residential burglary (Class 1 felony)

    Least
    4 years
    Most
    15 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/19-3; 730 ILCS 5/5-4.5-30

Iowa

Up to 5 years (third degree) to up to 25 years (first degree)

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  • Burglary in the third degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of $1,025 to $10,245

    Burglary of an unoccupied motor vehicle or vessel is an aggravated misdemeanor (up to 2 years) for a first offence.

    Iowa Code § 713.6A; § 902.9

  • Burglary in the second degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    Iowa Code § 713.5; § 902.9

  • Burglary in the first degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    A burglary of an occupied structure with an aggravating factor, such as a weapon, an explosive or causing injury.

    Iowa Code § 713.3; § 902.9

Maine

Up to 5 years (Class C) up to 30 years (armed with a firearm, Class A)

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Maryland

Up to 10 years (third degree) up to 25 years (home invasion)

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  • Burglary in the third degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years

    Md. Code, Crim. Law § 6-204

  • Burglary in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 15 years (the form in subsection (b) carries up to 20 years, a fine of up to $10,000, or both)

    Md. Code, Crim. Law § 6-203

  • Burglary in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 20 years

    Md. Code, Crim. Law § 6-202

  • Home invasion (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    Entering the dwelling of another with the intent to commit a crime, while another person is present.

    Md. Code, Crim. Law § 6-202

Massachusetts

Up to 20 years (unarmed night-time burglary); life or at least 10 years (armed burglary)

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  • Burglary: breaking and entering a dwelling house at night with intent to commit a felony, the offender not armed and making no assault (Offence)

    Least
    5 years if previously convicted of a listed crime
    Most
    20 years

    Mass. Gen. Laws ch. 266, § 15

  • Armed burglary: the same, when the offender is armed with a dangerous weapon or arms themselves, or assaults a person lawfully inside (Offence)

    Least
    10 years (or life)
    Most
    Life imprisonment

    A person who commits it while armed with a firearm is subject to a further mandatory minimum under the section.

    Mass. Gen. Laws ch. 266, § 14

Michigan

Up to 5 years (third degree) up to 20 years (first degree)

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Michigan calls the offence home invasion (breaking and entering a dwelling, or entering without permission, with intent to commit a felony, larceny or assault).

Minnesota

Up to 5 years (third degree) up to 20 years (first degree)

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  • Burglary in the third degree (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    Minn. Stat. § 609.582

  • Burglary in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    Minn. Stat. § 609.582

  • Burglary in the first degree (including burglary of an occupied dwelling) (Felony)

    Least
    6 months for burglary of an occupied dwelling (mandatory minimum)
    Most
    20 years
    Fine
    A fine of up to $35,000

    Minn. Stat. § 609.582

Missouri

A class D felony (second degree) up to a class B felony (first degree)

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Montana

Up to 20 years (burglary); up to 40 years (aggravated burglary)

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Nebraska

A Class IIA felony: up to 20 years

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Nevada

Category E (motor vehicle, first offence) up to category B (residential burglary)

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New Hampshire

A class B felony (up to 7 years); a class A felony if the dwelling of another is entered at night, or with a weapon or injury (up to 15 years)

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New York

Up to 7 years (third degree) up to 5 to 25 years (first degree)

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  • Burglary in the third degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 140.20; § 70.00

  • Burglary in the second degree (Class C felony)

    Least
    3.5 years if of a dwelling (a violent felony)
    Most
    15 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    Burglary of a dwelling is a violent felony offense (3.5 to 15 years). Other second-degree burglary is a non-violent class C felony (maximum 15 years).

    N.Y. Penal Law § 140.25; § 70.02; § 70.00

  • Burglary in the first degree (of a dwelling, with an aggravating factor) (Class B violent felony)

    Least
    5 years
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    N.Y. Penal Law § 140.30; § 70.02

North Carolina

Class G (second degree) up to Class D (first degree)

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  • Burglary in the second degree (breaking and entering a dwelling with intent to commit a felony or larceny, unoccupied) (Class G felony)

    Least
    8 months
    Most
    29 months (2 years 5 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 8 to 16 months. The maximum is 29 months where the minimum is 16 (G.S. 15A-1340.17(d)). The chart allows an intermediate or active punishment at this level.

    N.C. Gen. Stat. § 14-52; § 15A-1340.17

  • Burglary in the first degree (the same, with a person actually in the dwelling) (Class D felony)

    Least
    38 months (3 years 2 months)
    Most
    108 months (9 years)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.

    N.C. Gen. Stat. § 14-52; § 15A-1340.17

North Dakota

Up to 5 years (class C) up to 10 years (class B)

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Ohio

Felony of the fourth degree (trespass in a habitation) up to felony of the first degree (aggravated burglary)

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Pennsylvania

A felony of the second degree up to a felony of the first degree

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  • Burglary under subsection (a)(4), unless the heavier rule in § 3502(c)(2)(ii) applies (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    10 years

    18 Pa.C.S. § 3502; §§ 1103

  • Burglary (all other cases) (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 3502; §§ 1103

Rhode Island

2 to 10 years (breaking and entering a dwelling, first conviction)

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  • Unlawful breaking and entering of a dwelling house or apartment, whether occupied or not, or an attached outbuilding or garage (Offence)

    Least
    2 years
    Most
    10 years
    Fine
    Up to $10,000, or both

    R.I. Gen. Laws § 11-8-2(a)

Rhode Island's offence read here is unlawful breaking and entering of a dwelling house (R.I. Gen. Laws § 11-8-2). A second or later conviction carries 4 to 15 years, or a fine of up to $10,000, or both. Restitution is mandatory.

South Carolina

Up to 5 years (third degree) up to life (first degree)

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  • Burglary in the third degree (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years for a first offence (10 years for a second)

    S.C. Code Ann. § 16-11-313

  • Burglary in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years (15 years for the form in subsection (B)); no parole until one third of the term for the 15-year form

    S.C. Code Ann. § 16-11-312

  • Burglary in the first degree (Felony)

    Least
    15 years (the court may sentence to a term of not less than 15 years)
    Most
    Life imprisonment (until death)

    S.C. Code Ann. § 16-11-311

South Dakota

Up to 5 years (third degree) up to 25 years (first degree)

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  • Third degree burglary (an unoccupied structure other than a motor vehicle) (Class 5 felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of $10,000 may be added

    S.D. Codified Laws § 22-32-8; § 22-6-1

  • Second degree burglary (an occupied structure, in circumstances not amounting to first degree) (Class 3 felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    A fine of $30,000 may be added

    S.D. Codified Laws § 22-32-3; § 22-6-1

  • First degree burglary (an occupied structure, and the offender inflicts or threatens harm, is armed with a dangerous weapon, or acts at night) (Class 2 felony)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    A fine of $50,000 may be added

    S.D. Codified Laws § 22-32-1; § 22-6-1

Texas

180 days to 2 years (a building) up to 5 to 99 years, or life (a habitation, with intent to commit a serious crime)

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  • Burglary of a building other than a habitation (State jail felony)

    Least
    180 days in a state jail
    Most
    2 years in a state jail
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 30.02; § 12.35

  • Burglary of certain commercial buildings where controlled substances are stored (Felony of the third degree)

    Least
    2 years
    Most
    10 years
    Fine
    Fine of up to $10,000

    A third-degree felony under § 30.02(c-1).

    Tex. Penal Code § 30.02; § 12.34

  • Burglary of a habitation (Felony of the second degree)

    Least
    2 years
    Most
    20 years
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 30.02; § 12.33

  • Burglary of a habitation with intent to commit, or commission of, a serious felony (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    A first-degree felony under § 30.02(d), in the circumstances listed there, for example where the intent was to commit a felony other than theft.

    Tex. Penal Code § 30.02; § 12.32

Vermont

Up to 15 years (burglary); up to 20 years (with a weapon); up to 25 years (an occupied dwelling)

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  • Burglary: entering any building or structure knowing it is not licensed or privileged, with intent to commit a felony, petit larceny, simple assault or unlawful mischief (Offence)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Up to $1,000, or both

    13 V.S.A. § 1201(c)(1)

  • Burglary while carrying a dangerous or deadly weapon (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $10,000, or both

    13 V.S.A. § 1201(c)(2)

  • Burglary into an occupied dwelling (Offence)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    Up to $1,000, or both

    The subsection has a second, heavier branch (3)(B), which was not read in full.

    13 V.S.A. § 1201(c)(3)

Virginia

1 to 20 years, or up to 12 months in jail (statutory burglary) up to 20 years to life (armed)

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  • Statutory burglary (entering with intent to commit larceny or another felony) (Felony (term set by the statute))

    Least
    1 year in prison, or no prison term if the court chooses jail instead
    Most
    20 years, or up to 12 months in jail and a fine of up to $2,500

    If the person was armed with a deadly weapon, it is a Class 2 felony.

    Va. Code § 18.2-91

  • Burglary (breaking and entering a dwelling at night with intent to commit a felony or any larceny) (Class 3 felony)

    Least
    5 years
    Most
    20 years
    Fine
    Fine of up to $100,000

    Section 18.2-90, entering a dwelling or other building with intent to commit murder, rape, robbery or arson, carries the same Class 3 grade. If the person was armed with a deadly weapon, both are Class 2 felonies.

    Va. Code § 18.2-89; § 18.2-10

Washington

Up to 10 years (second degree) up to life (first degree)

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  • Burglary in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    RCW 9A.52.030; RCW 9A.20.021

  • Residential burglary (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    RCW 9A.52.025; RCW 9A.20.021

  • Burglary in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.52.020; RCW 9A.20.021

West Virginia

1 to 15 years

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  • Burglary: breaking and entering, or entering without breaking, a dwelling house of another or an outbuilding adjoining it, with intent to commit a violation of the criminal laws of the state (Offence)

    Least
    1 year
    Most
    15 years

    W. Va. Code § 61-3-11(a)

32 countries covered so far

Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.

Algeria

5 to 10 years (one aggravating circumstance) up to 10 to 20 years (a dwelling and other circumstances)

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  • Theft by break-in, climbing or false keys, even in a building not used as a home, or at night, or by two or more persons (one circumstance) (Délit (emprisonnement))

    Least
    5 years
    Most
    10 years' imprisonment

    Penal Code of Algeria, art. 354

  • Theft by break-in, climbing or false keys in a home, together with another of the listed circumstances (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Algeria, art. 353

Algeria has no offence named 'burglary'. Theft by break-in or climbing is an aggravated theft.

Argentina

6 months to 2 years (entering a home) up to 10 years (robbery by breaking in)

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  • Entering another's home or business, or its outbuildings, against the express or presumed will of the person entitled to exclude (Prisión or reclusión)

    Least
    6 months
    Most
    2 years

    Applies if no more severely punished offence results.

    Código Penal (Argentina), art. 150

  • Robbery by breaking through a wall, fence, roof, floor, door or window of an inhabited place (Prisión or reclusión)

    Least
    3 years
    Most
    10 years

    Código Penal (Argentina), art. 167(3)

Argentina has no offence called burglary. The nearest are trespass into a home or business (art. 150) and robbery with breaking through a wall, fence, roof, floor, door or window of an inhabited place (art. 167(3)).

Austria

Up to 3 years (theft by break-in) up to 6 months to 5 years (a dwelling, or with a weapon)

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  • Diebstahl durch Einbruch (theft by breaking into a building, vehicle, storage place or other enclosed space, or opening a container or lock) (Straftat (Freiheitsstrafe))

    Least
    No minimum term set by the statute
    Most
    3 years

    Strafgesetzbuch (Austria), § 129(1)

  • Wohnungseinbruchsdiebstahl (the same, in a dwelling), or the theft is committed with a weapon (Straftat (Freiheitsstrafe))

    Least
    6 months
    Most
    5 years

    Strafgesetzbuch (Austria), § 129(2)

Austria has no offence named 'burglary'. Theft by breaking in, climbing in or using a false key is an aggravated theft (Diebstahl durch Einbruch).

Brazil

1 to 3 months (trespass in a home) up to 2 to 8 years (theft by breaking an obstacle or false key)

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  • Violação de domicílio (entering or staying in another's home against the will of the person entitled) (Detenção (the lighter kind of prison))

    Least
    1 month
    Most
    3 months

    Or a fine. 6 months to 2 years where it happens at night or in a remote place, or with violence or a weapon, or by two or more people.

    Código Penal (Brazil), art. 150

  • Furto simples (theft) (Reclusão (the more serious kind of prison))

    Least
    1 year
    Most
    6 years

    Increased by half if done during night-time rest.

    Código Penal (Brazil), art. 155

  • Furto qualificado (theft by destroying an obstacle, abuse of confidence, fraud, climbing, a false key, or by two or more people) (Reclusão (the more serious kind of prison))

    Least
    2 years
    Most
    8 years

    Código Penal (Brazil), art. 155 §4

Brazil has no offence named 'burglary'. Entering another's home against their will is trespass (violação de domicílio), and theft by breaking an obstacle or using a false key is aggravated theft.

Bulgaria

Up to 8 years (theft); 1 to 10 years (theft with breaking in, among other aggravations)

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Bulgaria has no separate offence of burglary. Taking another's movable thing is theft (art. 194), and the 1 to 10 year range applies where the theft is committed by breaking down, damaging or undermining barriers firmly built to protect persons or property, and in other listed circumstances (art. 195).

Canada

Up to 10 years (a place other than a dwelling) or life (a dwelling-house)

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  • Breaking and entering a place other than a dwelling-house (Hybrid offence (indictable or summary))

    Least
    No minimum term set by the statute
    Most
    10 years

    On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).

    Criminal Code (Canada), s. 348(1)(e)

  • Breaking and entering a dwelling-house (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    Imprisonment for life

    Criminal Code (Canada), s. 348(1)(d)

The Code calls this breaking and entering. A break-in at a place other than a dwelling-house can be prosecuted summarily.

China

Up to 3 years (trespass, or theft) up to 3 to 10 years (large amounts), 10 years to life (especially large amounts)

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  • Illegal intrusion into another's residence (非法侵入住宅罪) (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    3 years' fixed-term imprisonment, or criminal detention (1 to 6 months)

    Criminal Law of the PRC, art. 245

  • Theft of a relatively large amount, repeated theft, theft by entering a home, theft carrying a weapon, or pickpocketing (盗窃罪) (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    3 years' fixed-term imprisonment, or criminal detention or control
    Fine
    A fine may also be imposed

    Criminal Law of the PRC, art. 264

  • Theft of a huge amount or with other serious circumstances (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    10 years' fixed-term imprisonment
    Fine
    A fine is imposed as well

    Criminal Law of the PRC, art. 264

  • Theft of an especially huge amount or with other especially serious circumstances (Crime (fixed-term imprisonment))

    Least
    10 years (if a fixed term is chosen)
    Most
    Life imprisonment (无期徒刑), or fixed-term imprisonment of 15 years

    A fine or confiscation of property is also imposed.

    Criminal Law of the PRC, art. 264

China has no crime named 'burglary'. Entering a home to steal ('入户盗窃') is a form of theft, and unlawfully entering another's home is a separate crime (art. 245).

Croatia

Up to 3 years (theft); 6 months to 5 years (aggravated theft, including breaking in); 1 to 8 years (large value)

Show the degrees and the articles

Croatia has no offence called burglary. Break-ins are aggravated theft (teška krađa, art. 229), which applies where the offender breaks, forces or overcomes larger obstacles to reach things in closed buildings, rooms, safes or other closed spaces, among other listed circumstances.

Czechia

Up to 2 years (trespass into a home); up to 10 years (theft causing large-scale damage)

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The Code has no offence called burglary. Entering another's home without right is trespass (s. 178), and the heavier range applies if force or a threat is used or an obstacle against entry is overcome. Taking property is theft (s. 205), graded by damage.

England and Wales

Up to 10 years (a building that is not a home), 14 years (a home), life (aggravated burglary)

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  • Burglary of a building that is not a dwelling (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment

    Theft Act 1968, s.9(3)(b)

  • Burglary of a dwelling (a home, including an inhabited vehicle or vessel) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    14 years' imprisonment

    Theft Act 1968, s.9(3)(a)

  • Aggravated burglary (burglary while having a firearm, imitation firearm, weapon or explosive with him) (Indictable offence (Crown Court))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    Theft Act 1968, s.10; Sentencing Council guideline

Finland

Up to 1 year 6 months (theft) up to 4 years (aggravated theft)

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Finland has no separate offence of burglary. Break-ins are punished as theft (varkaus) or aggravated theft (törkeä varkaus). Theft is the taking of another's movable property, and the offence is aggravated only if it is also aggravated when assessed as a whole.

France

Up to 5 years (theft in a dwelling) up to 10 years (break-in with several aggravating circumstances)

Show the degrees and the articles

  • Theft committed in a dwelling or a place for storing goods (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment
    Fine
    Fine of up to €75,000

    Raised to 7 years and €100,000 where two of the listed aggravating circumstances apply, and to 10 years and €150,000 where three apply.

    Code pénal, art. 311-4

  • Theft in a dwelling or a storage place, entering by trickery, forced entry or climbing (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment
    Fine
    Fine of up to €100,000

    Raised to 10 years and €150,000 where two of the circumstances of this article apply, or one of them together with one from article 311-4.

    Code pénal, art. 311-5

  • Theft with use or threat of a weapon (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    20 years' criminal imprisonment
    Fine
    Fine of up to €150,000

    Code pénal, art. 311-8

France has no offence named 'burglary'. Theft in a dwelling is a more serious form of theft, and breaking in by trickery, force or climbing makes it more serious still.

Germany

3 months to 10 years (theft by breaking in) up to 10 years, at least 1 year for a dwelling

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  • Besonders schwerer Fall des Diebstahls (especially serious theft, which typically includes breaking into a building or premises) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    3 months
    Most
    10 years

    German Criminal Code (StGB), section 243

  • Wohnungseinbruchdiebstahl (theft by breaking into private premises or with a weapon or as a gang member) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    6 months
    Most
    10 years

    Less serious cases: 3 months to 5 years.

    German Criminal Code (StGB), section 244(1)

  • Wohnungseinbruchdiebstahl (the premises are a residence used permanently as private living space) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    1 year
    Most
    10 years

    German Criminal Code (StGB), section 244(4)

Germany treats burglary as a form of theft. Breaking into a private dwelling has a higher minimum than other break-ins.

Hungary

Up to 2 years (theft of small value) up to 10 years (theft of particularly considerable value)

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Hungary has no separate offence of burglary. Break-ins are theft (lopás, s. 370). The Code names things such as using force against the object stolen, entering a room by deception, or committing it in a criminal association as aggravating circumstances that raise the range. Hungary grades property crimes by the value involved: small ('kisebb'), greater ('nagyobb'), considerable ('jelentős'), particularly great ('különösen nagy') and particularly considerable ('különösen jelentős'). The money thresholds are set elsewhere in the Code and were not read for this table.

Iceland

Up to 6 years (theft); the penalty as a rule at least 3 months in particularly serious cases

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Iceland has no separate burglary offence. Break-ins are theft (þjófnaður, art. 244). If the theft is especially serious because of the value stolen, the way it was stored, the method, the danger involved, the number of offenders or the number of thefts, the penalty should as a rule be at least three months' imprisonment.

India

Up to 1 year (house-trespass) up to 3 years (house-breaking), and 10 years where the intended offence is theft

Show the degrees and the articles

  • House-trespass (entering another's house to commit an offence or to intimidate) (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    1 year's imprisonment of either description, or a fine of up to 5,000 rupees, or both

    Bharatiya Nyaya Sanhita, 2023, s. 329

  • Lurking house-trespass or house-breaking (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    2 years' imprisonment of either description
    Fine
    A fine may also be imposed

    3 years if done after sunset and before sunrise (s. 331(2)).

    Bharatiya Nyaya Sanhita, 2023, s. 331(1)

  • Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    3 years' imprisonment of either description, or 10 years where the intended offence is theft
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 331(3)

The Sanhita calls burglary 'lurking house-trespass or house-breaking'. House-breaking is entering a house by force or by an unusual way.

Ireland

Up to 14 years, or a fine, or both

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  • Burglary: entering a building as a trespasser with intent to commit an arrestable offence, or committing one there (Offence)

    Least
    No minimum term set by the statute
    Most
    14 years
    Fine
    A fine, with or without imprisonment

    A fine may be imposed in addition.

    Criminal Justice (Theft and Fraud Offences) Act 2001, s. 12

Italy

1 to 6 years (aggravated theft) up to 4 to 7 years (theft in a dwelling)

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  • Furto aggravato (theft by force on things or fraudulent means, with arms, by several people, and others) (Delitto (reclusione))

    Least
    1 year
    Most
    6 years

    Codice penale (Italy), art. 625

  • Furto in abitazione (theft by entering a building or place used as a private dwelling, or its outbuildings) (Delitto (reclusione))

    Least
    4 years
    Most
    7 years

    Codice penale (Italy), art. 624-bis

Italy has no offence named 'burglary'. Theft by entering a home or other private dwelling is its own offence.

Japan

Up to 3 years (trespass) up to 10 years (theft)

Show the degrees and the articles

  • Trespass (住居侵入: entering another's dwelling, building or ship without justifiable reason) (Crime (detention, 拘禁刑))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    Or a fine of up to 100,000 yen

    Penal Code (Japan), art. 130

  • Theft (窃盗) (Crime (detention, 拘禁刑))

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Or a fine of up to 500,000 yen

    Penal Code (Japan), art. 235

Japan has no offence named 'burglary'. Entering a dwelling or other building without a justified reason is trespass, and the theft inside is charged as theft. Both can be charged together.

Latvia

Up to 2 years (theft); up to 5 years (theft by entering a vehicle, dwelling or other premises); 2 to 10 years (large amount)

Show the degrees and the articles

Latvia has no separate burglary offence. Break-ins are theft (zādzība, s. 175). The third tier covers theft committed by entering a vehicle, dwelling or other premises.

Morocco

5 to 10 years (break-in) up to 10 to 20 years (a dwelling and other circumstances)

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  • Theft by break-in, climbing or false keys, even in a building that is not a home (one circumstance) (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Morocco, art. 510

  • Theft by break-in, climbing or false keys in a home, together with another of the listed circumstances (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Morocco, art. 509

Morocco has no offence named 'burglary'. Theft by break-in or climbing is an aggravated theft.

Netherlands

Up to 4 years (theft) up to 6 years (theft in a home, or by break-in)

Show the degrees and the articles

The Netherlands has no offence called 'burglary'. Theft in a home, or with a break-in or climbing, is 'gekwalificeerde diefstal' (aggravated theft).

New Zealand

Up to 10 years

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  • Burglary: entering a building or ship without authority with intent to commit an imprisonable offence, or remaining in it after entering with that intent (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years

    Crimes Act 1961, s. 231

Norway

A fine or up to 2 years (theft); a fine or up to 6 years (aggravated theft, including breaking into a home or holiday home)

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Norway has no separate burglary offence. Break-ins are theft (s. 321) or aggravated theft (s. 322). The Code names breaking into a home or holiday home as one of the factors that make theft aggravated.

Portugal

Up to 3 years or a fine (theft); 2 to 8 years (qualified theft, including entering a home)

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Portugal has no offence called burglary. Break-ins are furto qualificado (art. 204). Among the circumstances listed in art. 204(2) is unlawfully entering, or hiding in, a home, a commercial or industrial establishment or another closed space, with intent to steal.

Russia

Up to 5 years (entering premises) up to 6 years (entering a dwelling)

Show the degrees and the articles

  • Theft with unlawful entry into premises or another storage place (Crime of medium gravity)

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment (the court may choose a fine, compulsory work, corrective labour or forced labour instead)

    Criminal Code of the Russian Federation, Art. 158(2)

  • Theft with unlawful entry into a dwelling (Grave crime)

    Least
    No minimum term set by the statute
    Most
    6 years' imprisonment (the court may choose a fine or forced labour for up to 5 years instead)

    Criminal Code of the Russian Federation, Art. 158(3)

Russia has no offence named 'burglary'. Theft with unlawful entry into a dwelling or other premises is an aggravated form of theft.

South Korea

Up to 3 years (trespass into a dwelling) up to 10 years (night-time burglary)

Show the degrees and the articles

South Korea has no offence called burglary. It is covered by trespass into a dwelling (Art. 319) and by theft committed after entering a dwelling at night or with force or weapons (Arts. 330 and 331).

Spain

1 to 3 years (robbery with force on things) up to 2 to 5 years (inhabited house)

Show the degrees and the articles

  • Robo con fuerza en las cosas (robbery with force on things) (Pena menos grave (prison of 3 months to 5 years))

    Least
    1 year
    Most
    3 years

    Código Penal (Spain), art. 240(1)

  • Robo in an inhabited house, or a building or premises open to the public, or its outbuildings (Pena menos grave (prison of 3 months to 5 years))

    Least
    2 years
    Most
    5 years

    1 to 5 years for an establishment open to the public, if done outside opening hours.

    Código Penal (Spain), art. 241(1)

  • Robo con fuerza en las cosas with the aggravating circumstances of art. 235 (valuables, special value, serious damage and others) (Pena menos grave (prison of 3 months to 5 years))

    Least
    2 years
    Most
    5 years

    Código Penal (Spain), art. 240(2)

Robo con fuerza en las cosas covers climbing in, breaking a wall, door or window, forcing closed furniture, using false keys, and disabling alarms.

Sweden

A fine or up to 1 year (hemfridsbrott) up to 1 to 6 years (grov stöld)

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Sweden has no offence named 'burglary'. Entering or staying unlawfully in another's home is 'hemfridsbrott' (breach of home peace), and a theft inside is theft. A break-in with other gross factors can be gross theft.

Switzerland

Up to 3 years (Hausfriedensbruch) up to 5 years (Diebstahl), and 6 months to 10 years if by trade or in a gang

Show the degrees and the articles

  • Hausfriedensbruch (unlawfully entering a house, flat, closed room or fenced yard, or staying after being told to leave) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    On the complaint of the person entitled.

    Swiss Criminal Code (StGB), art. 186

  • Diebstahl (taking another's movable thing to appropriate it and enrich oneself unlawfully) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Swiss Criminal Code (StGB), art. 139(1)

  • Diebstahl by trade, as a member of a gang, with a firearm or other dangerous weapon, or otherwise showing special dangerousness (Verbrechen (felony: more than 3 years))

    Least
    6 months
    Most
    10 years

    Swiss Criminal Code (StGB), art. 139(3)

Switzerland has no offence named 'burglary'. Entering a home, an enclosed room or a fenced yard unlawfully is Hausfriedensbruch (on complaint), and the theft is charged as theft. A professional or gang theft carries a higher scale.

Taiwan

Up to 5 years (theft); 6 months to 5 years (aggravated theft, including entering a dwelling)

Show the degrees and the articles

Taiwan has no separate burglary offence. Aggravated theft (art. 321) covers committing theft by entering a dwelling or an inhabited building, vessel or aircraft or hiding in it, breaking doors, windows or walls, carrying a weapon, acting in a group of three or more, taking advantage of a fire, flood or other disaster, or on public transport premises.

Turkey

6 months to 2 years (home trespass) up to 5 to 10 years (theft by breaking a lock, and other aggravated cases)

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Turkey has no offence named 'burglary'. Entering a home against the occupier's will is a separate offence on the occupier's complaint, and the theft is punished separately, with higher penalties where it involves picking a lock or using a false key.

Other states and countries are being added. Spotted a mistake? Tell us.