Burglary with Intent to Commit Other Misdemeanor

§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.
If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.