Which of the following is NOT an elevating factor to 2nd Degree Burglary?

• A. The defendant was alone
• B. The building is a dwelling
• C. A non-participant is injured
• D. The ∆ carries a weapon

Answer: (D)

The idea being tested is what facts lift a burglary charge up to a higher level of severity. Some circumstances statutes explicitly list as elevating factors for a 2nd Degree Burglary—things that show greater risk, harm, or intrusion. Carrying a weapon during the burglary is typically treated as its own heightened offense (an aggravated form or burglary with a weapon), not as a factor that merely upgrades the act to 2nd Degree Burglary. In other words, weapon possession often moves you into a different category than the standard 2nd Degree Burglary, rather than just elevating the burglary to that level. By contrast, burglary of a dwelling and injuring a non-participant are the kinds of circumstances statutes commonly describe as elevating to a higher degree because they reflect greater danger or harm.