Burglary in the third degree.

1. All burglary which is not burglary in the first degree or burglary in the second degree is burglary in the third degree. Burglary in the third degree is a class “D” felony, except as provided in subsection 2 . 2. Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1 , or a vessel defined in section 462A.2 , is an aggravated misdemeanor for a first offense. A second or subsequent conviction under this subsection is punishable under subsection 1 . 3. For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A , the fact finder shall make a determination as provided in section 692A.126 . 92 Acts, ch 1231, §61 ; 2001 Acts, ch 165, §1 ; 2002 Acts, ch 1050, §53 ; 2010 Acts, ch 1104, §20, 23 Referred to in §692A.102 , 692A.126