§708-812.6 Unauthorized entry in a dwelling in the second degree. (1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.
(2) Unauthorized entry in a dwelling in the second degree is a class C felony.
(3) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry: