§ 11-8-2.3 - Breaking and entering of dwelling house of persons 60 years of age or older when resident on premises.
SECTION 11-8-2.3
§ 11-8-2.3 Breaking and entering ofdwelling house of persons 60 years of age or older when resident on premises.– (a) Every person who shall break and enter any dwelling house or apartment,without the consent of the owner or tenant at a time when a resident of thedwelling house or apartment who is sixty (60) years of age or older is on thepremises, shall be imprisoned for not less than four (4) years and not morethan twenty (20) years for the first conviction, and for the second andsubsequent convictions shall be imprisoned for not less than six (6) years andnot more than twenty (20) years, and may in addition be fined not more thanfifteen thousand dollars ($15,000) for a first conviction and not more thantwenty thousand dollars ($20,000) for second and subsequent convictions.
(b) Every person convicted pursuant to subsection (a) of thissection shall be ordered to make restitution to the victim of the offense, orto perform up to five hundred (500) hours of public community restitution work,or both, or any combination of them imposed by the sentencing judge. The courtmay not waive the obligation to make restitution and/or public communityrestitution work. Restitution and/or public community restitution work shall bein addition to any fine or sentence which may be imposed and not in lieu of thefine or sentence; provided, that nothing contained in this section shall beconstrued to require the payment of restitution while the convicted person isimprisoned.