Title 16, Chapter 7, Section 1
( 16-7-1)
(a) A person commits the offense of burglary when, without authority
and with the intent to commit a felony or theft therein, he enters
or remains within the dwelling house of another or any building,
vehicle, railroad car, watercraft, or other such structure designed
for use as the dwelling of another or enters or remains within any
other building, railroad car, aircraft, or any room or any part
thereof. A person convicted of the offense of burglary, for the
first such offense, shall be punished by imprisonment for not less
than one nor more than 20 years. For the purposes of this Code
section, the term "railroad car" shall also include trailers on
flatcars, containers on flatcars, trailers on railroad property, or
containers on railroad property. (b) Upon a second conviction for a crime of burglary occurring after
the first conviction, a person shall be punished by imprisonment for
not less than two nor more than 20 years. Upon a third conviction
for the crime of burglary occurring after the first conviction, a
person shall be punished by imprisonment for not less than five nor
more than 20 years. Adjudication of guilt or imposition of sentence
shall not be suspended, probated, deferred, or withheld for any
offense punishable under this subsection. |