Statutes | Cherokee Code Part II Chapter 14 Article III ยง 14-10.40 | 2019
(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, office, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle, trailer or semitrailer, mobile home, or any similar enclosed structure of another without consent with the intent to steal or commit any offense punishable by imprisonment. If a person is present within such structure, it shall be known as burglary in the first degree if no person is present in such structure, it shall be known as burglary in the second degree.
(b) Burglary in the first degree shall be punishable by a fine of not less than $500.00 nor more than $15,000.00, by imprisonment for not less than three months nor more than three years, by exclusion for a period of not less two years nor more than ten years, or by any combination of them. Should the commission of the offense result in the death or serious bodily injury to any person, a sentence of exclusion may be imposed for any period not exceeding life in addition to the punishment authorized above.
(c) Burglary in the second degree shall be punishable by a fine of not less than $250.00 nor more than $15,000.00, by imprisonment for not less than three months nor more than three years, by exclusion for a period of not less than one year nor more than five years, or by any combination of them.
(Ord. No. 117, 3-3-2000 Ord. No. 182, 8-6-2012)