§708-812.55 Unauthorized entry in a dwelling in the first degree. (1) A person commits the offense of unauthorized entry in a dwelling in the first degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was, at the time of the entry, lawfully present in the dwelling who:
(2) For the purposes of this section:
"Developmental disability" shall have the same meaning as in section 333E-2.
"Incapacitated person" shall have the same meaning as in section 560:5-102.
(3) Unauthorized entry in a dwelling in the first degree is a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry: