When people think of burglary, what most often come to mind is a person or persons breaking into a home or business for the purpose stealing something of value. That's not always the case. A common example might be hiding in or remaining in a building, a home, a boat or heck even broken-down shed, if there is some intention to commit a serious crime. The homeless folks are often arrested and suspected of Burglary, when all that was intended was to find shelter. Wrong? Sure! But not Burglary. Experienced jailers will tell you that down-and out people will do this hoping to get arrested, fed, housed and medically treated during the worst of times.

             Georgia Code Title 16, Section 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.