1863 Dakota Terr. Sess. Laws 47, 49
Abstract
Ch. 4, §§ 9-10: Every person who shall break and enter any dwelling house in the night time, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, or after having entered with such intent, shall break any such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking, or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by imprisonment in the territorial prison not more than twelve years, nor less than four years.
Sec. 10. Every person who shall break and enter any dwelling house in the night time, with such intent as is mentioned in the last preceding section, or who, having entered with such intent, shall break such dwelling house in the night time, the offender not being armed or arming himself in such house with a dangerous weapon, nor making an assault upon any person then being therein, shall be punished by imprisonment in the territorial prison not more than five years, nor less than two years."
Summary
This statute establishes distinct penalties for night-time home break-ins based on whether the offender is armed or violent. Burglary of an occupied dwelling with the intent to commit a felony carries a sentence of four to twelve years in prison if the offender is armed with a dangerous weapon or commits an actual assault. If the offender is unarmed and does not commit an assault, the penalty is reduced to between two and five years in prison.
Law Text
Sec. 9. Every person who shall break and enter any dwelling house in the night time, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, or after having entered with such intent, shall break any such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking, or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by imprisonment in the territorial prison not more than twelve years, nor less than four years.
Sec. 10. Every person who shall break and enter any dwelling house in the night time, with such intent as is mentioned in the last preceding section, or who, having entered with such intent, shall break such dwelling house in the night time, the offender not being armed or arming himself in such house with a dangerous weapon, nor making an assault upon any person then being therein, shall be punished by imprisonment in the territorial prison not more than five years, nor less than two years.
Description
Categories
COMMITTING CRIME W/ WEAPON