(a) Every person who shall break and enter at any time of the day or night any dwelling
house or apartment, whether the dwelling house or apartment is occupied or not, or
any outbuilding or garage attached to or adjoining any dwelling house, without the
consent of the owner or tenant of the dwelling house, apartment, building, or garage,
shall be imprisoned for not less than two (2) years and not more than ten (10) years
for the first conviction, and for the second and subsequent conviction shall be imprisoned
for not less than four (4) years and not more than fifteen (15) years, or fined not
more than ten thousand dollars ($10,000), or both.
(b) Every person convicted pursuant to subsection (a) of this section shall be ordered
to make restitution to the victim of the offense or to perform up to five hundred
(500) hours of public community restitution work, or both, or any combination of them
approved by the sentencing judge. The court may not waive the obligation to make restitution
and/or public community restitution work. The restitution and/or public community
restitution work shall be in addition to any fine or sentence which may be imposed
and not in lieu of the fine or sentence.
Notes of Decisions
Cited in
45
cases (
2 in the last 5 years), 1976–2025 · leading case:
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
· cites it 2× “§ 3502(a) ("enters" unless premises were open or defendant was licensed or privileged) R.I. Gen. Laws § 11-8-2(a) ("break and enter" without consent) S.”
State v. Bouffard, 945 A.2d 305 (R.I. 2008).
· cites it 4× “Facts and Travel When the events at issue in this case occurred, defendant was on probation in connection with two separate incidents that had resulted in his being charged with breaking and entering in violation of G.L. 1956 § 11-8-2. 1 On September 12, 1997, *307 defendant,…”
United States v. Henry Peterson, 233 F.3d 101 (1st Cir. 2000).
· cites it 4× “Peterson admits that this language covers two of his prior state convictions, but challenges the inclusion of a third conviction for breaking and entering under R.I. Gen. Laws § 11-8-2. The sentencing court held the conviction to fall within the section’s scope and so imposed…”
United States v. Rodriguez, 311 F.3d 435 (1st Cir. 2002).
“In Peterson , this court concluded that the defendant’s conviction under a Rhode Island breaking and entering statute, R.I. Gen. Laws § 11-8-2, did not qualify as a violent felony within the “otherwise” clause of the Armed Career Criminal Act (ACCA), 18 U.”
State v. Erwin Grantley, 149 A.3d 124 (R.I. 2016).
· cites it 2× “1956 § 12-29-2(a)(2); guilty of one count of breaking and entering of a dwelling house (domestic), in violation of G.L. 1956 § 11-8-2 and § 12-29-2(a) and (b); 1 not guilty of one count of driving a motor vehicle without the consent of the owner, in violation of G.”
Horton v. Portsmouth Police Dep't, 22 A.3d 1115 (R.I. 2011).
· cites it 2× “This is so because, contrary to plaintiffs contention that there was no probable cause to arrest him for breaking and entering under G.L.1956 § 11-8-2 11 because he owned the home where he and Ms.”
State v. Ranieri, 560 A.2d 350 (R.I. 1989).
· cites it 8× “1956 (1981 Reenactment) § 11-8-2, as amended by P.L.1985, ch. 426, § 1.”
State v. Kevin Corleto, 161 A.3d 504 (R.I. 2017).
· cites it 6× “order of the Superior Court denying his motion to dismiss on double jeopardy grounds 1 a criminal information charging- him with breaking and entering a dwelling, in violation of G.L. 1956 § 11-8-2. Specifically, the defendant’s motion to dismiss was predicated on alleged…”
State v. Davis, 877 A.2d 642 (R.I. 2005).
· cites it 2× “1956 § 11-5-4; count 2, assault with a dangerous weapon of Catucci, in a dwelling, with intent to rob, in violation of § 11-5-4; count 3, assault with a dangerous weapon of Lizotte, in a dwelling, with intent to murder, in violation of § 11-5-4; and count 4, breaking and…”
State v. Abdullah, 967 A.2d 469 (R.I. 2009).
· cites it 2× “1989), in which we held that, in construing G.L.1956 § 11-8-2, the common hallway to a multiunit residence, "collectively secured from the general public by a locked door,” may be considered part of a tenant’s dwelling unit, and that decision was a question of law to be decided…”
State v. Bolarinho, 850 A.2d 907 (R.I. 2004).
· cites it 2× “The information also charged defendant with breaking and entering the apartment of Jennifer Correia, without the consent of the tenant, in violation of G.L.1956 § 11-8-2 on September 2, 2000. This count was severed before trial and remains pending.”
State v. Coleman, 909 A.2d 929 (R.I. 2006).
· cites it 2× “1956 § 11-1-6, breaking and entering a dwelling in violation of G.L.1956 § 11-8-2, assault with a dangerous weapon in violation of G.”
— R.I. Gen. Laws § 11-8-2(a) — 3 cases
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
“§ 3502(a) ("enters" unless premises were open or defendant was licensed or privileged) R.I. Gen. Laws § 11-8-2(a) ("break and enter" without consent) S.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.