In this Article, unless a different meaning plainly is required:

 (1) "occupied structure" means any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

 (2) "night" means the period between thirty minutes past sunset and thirty minutes before sunrise.
 
 

Section 221.1. Burglary.

 (1) Burglary Defined.  A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.  It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

 (2) Grading.  Burglary is a felony of the second degree if it is perpetrated in the dwelling of another at night, or if, in the course of committing the offense, the actor:

  (a) purposely, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone;  or

  (b) is armed with explosives or a deadly weapon.

 Otherwise, burglary is a felony of the third degree.  An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit the offense or in flight after the attempt or commission.

 (3) Multiple Convictions.  A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.