Burglary in the first degree.

1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply: a. The person has possession of an explosive or incendiary device or material. b. The person has possession of a dangerous weapon. c. The person intentionally or recklessly inflicts bodily injury on any person. d. The person performs or participates in a sex act with any person which would constitute sexual abuse under section 709.1 . 2. Burglary in the first degree is a class “B” felony. 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A for violations of subsection 1 , paragraphs “a” , “b” , or “c” , the fact finder shall make a determination as provided in section 692A.126 . [C51, §2609; R60, §4233; C73, §3892; C97, §4788; S13, §4799-a; C24, 27, 31, 35, 39; § 12995, 12997 – 12999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §708.2, 708.4-708.6, C79, 81, §713.2 ] C83, §713.3 90 Acts, ch 1233, §41 ; 92 Acts, ch 1231, §57 ; 94 Acts, ch 1107, §15 ; 98 Acts, ch 1059, §1 ; 2010 Acts, ch 1104, §16, 23 Referred to in §692A.101 , 692A.102 , 692A.126 , 903B.1 Definition of forcible felony, see §702.11