WILLIAM DONALD SCHAEFER, Governor                           Ch. 712

(B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
BURGLARY IN THE SECOND DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 15 YEARS.

31.

(A)     A PERSON MAY NOT BREAK AND ENTER THE DWELLING OF ANOTHER
WITH THE INTENT TO COMMIT ANY CRIME.

(B)      A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
BURGLARY IN THE THIRD DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 10 YEARS.

32.

(A)     (1) A PERSON MAY NOT BREAK AND ENTER THE DWELLING OF
ANOTHER.

(2) A PERSON MAY NOT BREAK AND ENTER THE STOREHOUSE OF
ANOTHER.

(B)     A PERSON MAY NOT BE IN OR ON THE DWELLING OR STOREHOUSE OF
ANOTHER OR ANY YARD. GARDEN, OR OTHER AREA BELONGING TO THE
DWELLING OR STOREHOUSE OF ANOTHER WITH THE INTENT TO COMMIT THEFT.

(C)     A PERSON MAY NOT POSSESS BURGLAR'S TOOLS WITH THE INTENT TO
USE OR PERMIT THE USE OF THE TOOLS IN THE COMMISSION OF ANY VIOLATION OF
THIS SUBHEADING.

(D)     A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE
MISDEMEANOR OF BURGLARY IN THE FOURTH DEGREE AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT FOR NOT MORE THAN 3 YEARS.

(E)     A PERSON WHO IS CONVICTED OF VIOLATING § 342 OF THIS ARTICLE MAY
NOT ALSO BE CONVICTED OF VIOLATING SUBSECTION (B) OF THIS SECTION BASED
ON THE ACT OR ACTS ESTABLISHING THE VIOLATION OF § 342.

COMMITTEE NOTE :

The Committee recognizes that the crime of theft and the crime established by
subsection (b) of this section each include an element that is not included in the other
offense. Therefore, a conviction for a violation of subsection (b) would not merge into a
conviction for theft. However, the Committee believes that a completed theft should not
be prosecuted under this section.

33.

(A) A PERSON WHO COMMITS BURGLARY IN THE FIRST, SECOND, OR THIRD
DEGREE AND WHO THEN AND THERE OPENS OR ATTEMPTS TO OPEN ANY VAULT,
SAFE, OR OTHER SECURE REPOSITORY BY THE USE OF AN EXPLOSIVE IS GUILTY OF
THE FELONY OF BURGLARY WITH EXPLOSIVES AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 20 YEARS.

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