§ 11-8-2 - Unlawful breaking and entering of dwelling house.
SECTION 11-8-2
§ 11-8-2 Unlawful breaking and entering ofdwelling house. – (a) Every person who shall break and enter at any time of the day or night anydwelling house or apartment, whether the dwelling house or apartment isoccupied or not, or any outbuilding or garage attached to or adjoining anydwelling house, without the consent of the owner or tenant of the dwellinghouse, apartment, building, or garage, shall be imprisoned for not less thantwo (2) years and not more than ten (10) years for the first conviction, andfor the second and subsequent conviction shall be imprisoned for not less thanfour (4) years and not more than fifteen (15) years, or fined not more than tenthousand dollars ($10,000), or both.
(b) Every person convicted pursuant to subsection (a) of thissection shall be ordered to make restitution to the victim of the offense or toperform up to five hundred (500) hours of public community restitution work, orboth, or any combination of them approved by the sentencing judge. The courtmay not waive the obligation to make restitution and/or public communityrestitution work. The restitution and/or public community restitution workshall be in addition to any fine or sentence which may be imposed and not inlieu of the fine or sentence.