Burglary in the first degree

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  • Whoever, with intent to commit an offense therein, breaks and enters the building or structure of another, in which there is at the time a human being—
    • (1) being armed with a dangerous weapon; or

    • (2) arming himself therein with such a weapon; or

    • (3) being assisted by a confederate actually present; or

    • (4) while engaged in effecting such entrance, or in committing any offense therein, or in escaping therefrom, assaults any person—is guilty of burglary in the first degree and shall be imprisoned not less than 10 years nor more than 20 years, provided that if in the commission of said crime a dangerous weapon of any kind is used, then the penalty shall be not less than 30 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407 of the Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended and no person convicted under this section shall be placed on probation or be eligible for parole or good conduct credit of any kind until he shall have been imprisoned for at least 5 years, or 10 years if a dangerous weapon was used in committing the crime.


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