Also known as: third-degree felony · felony in the third degree · third degree felony · 3rd degree felony · F3
Written by attorneys · grounded in primary & secondary sources — see below
A statutory grading category under the Model Penal Code. The category applies by default to crimes such as burglary when no aggravating factors are present. Aggravating factors that instead produce a felony of the second degree include commission in the dwelling of another at night, infliction or attempted infliction of bodily injury, or being armed with explosives or a deadly weapon.
Freya Freeman pries open the rear door of a closed warehouse after midnight and enters intending to steal copper wire. She carries no weapon or explosives and the structure is not a dwelling. Because no aggravating circumstance is present, the burglary is graded as a felony of the third degree.
Finn Fletcher enters a building at night believing it to be a commercial store and intending to commit theft inside. The building is in fact a dwelling. Because Finn's nonreckless mistake prevents the nighttime-dwelling aggravator from applying, the burglary is graded only as a felony of the third degree.
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Burglary is a felony of the third degree unless it occurs in the dwelling of another at night, the actor inflicts or attempts to inflict bodily injury, or the actor is armed with explosives or a deadly weapon. In the absence of any of those aggravators the offense remains a felony of the third degree.
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Yes. Commercial blasting caps qualify as explosives. When the actor carries them while committing the burglary the offense is elevated to a felony of the second degree even if the explosives are never used or detonated.
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