State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-8 > 11-8-2-4

SECTION 11-8-2.4

   § 11-8-2.4  Breaking and entering ofdwelling house of a person who is severely impaired. – (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 a person who is severely impaired as definedby the provisions of § 11-5-11 is on the premises, shall be imprisoned fornot less than two (2) years and not more than twenty (20) years and may inaddition be fined not more than five thousand dollars ($5,000) for a firstconviction and not more than ten thousand dollars ($10,000) for second andsubsequent 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.

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-8 > 11-8-2-4

SECTION 11-8-2.4

   § 11-8-2.4  Breaking and entering ofdwelling house of a person who is severely impaired. – (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 a person who is severely impaired as definedby the provisions of § 11-5-11 is on the premises, shall be imprisoned fornot less than two (2) years and not more than twenty (20) years and may inaddition be fined not more than five thousand dollars ($5,000) for a firstconviction and not more than ten thousand dollars ($10,000) for second andsubsequent 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-8 > 11-8-2-4

SECTION 11-8-2.4

   § 11-8-2.4  Breaking and entering ofdwelling house of a person who is severely impaired. – (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 a person who is severely impaired as definedby the provisions of § 11-5-11 is on the premises, shall be imprisoned fornot less than two (2) years and not more than twenty (20) years and may inaddition be fined not more than five thousand dollars ($5,000) for a firstconviction and not more than ten thousand dollars ($10,000) for second andsubsequent 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.