46.4030 Burglary in the first degree.

(a) A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there, and when in effecting entry or while in the building or inhabitable structure or in immediate flight from there, he or another participant in the crime:

(1) is armed with explosives or a deadly weapon;

(2) causes or threatens immediate physical injury to any person who is not a participant in the crime; or

(3) commits the crime at night.

(b) Burglary in the first degree is a class B felony.