(1) with intent to commit an offense therein, breaks and enters a building or structure or any part thereof; or
(2) being in any building or structure or any part thereof, commits an offense therein and breaks out of the same—
is guilty of burglary in the third degree and shall be imprisoned not more than five years and if the conviction is a second or subsequent conviction under this chapter, then not less than one year. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, 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 which conviction is a second or subsequent conviction under this chapter shall be placed on probation or be eligible for parole until he shall have been imprisoned for at least one year.