2025 Georgia Codes – Page 55

(a) As used in this Code section, the term:
(1) “Dwelling” means any building, structure, or portion thereof which is designed or intended for occupan-
cy for residential use.
(2) “Railroad car” shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or
containers on railroad property.
(b) A person commits the offense of burglary in the first degree when, without authority and with the intent
to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant
dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure
designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than
one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall
be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years.
Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of
a felony and shall be punished by imprisonment for not less than five nor more than 25 years.
(c) A person commits the offense of burglary in the second degree when, without authority and with the intent
to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant
building, structure,railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the
second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment
for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary
in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not
less than one nor more than eight years.
(d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt
or imposition of sentence shall not be suspended, probated, deferred, or withheld.

(a) As used in this Code section, the term “retail establishment” means an establishment that sells goods or
merchandise from a fixed location for direct consumption by a purchaser and includes establishments that
prepare and sell meals or other edible products either for carry out or service within the establishment.
(b) A person commits the offense of smash and grab burglary when he or she intentionally and without
authority enters a retail establishment with the intent to commit a theft and causes damage in excess of
$500.00 to such establishment without the owner’s consent.
(c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall
be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than
$100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall
be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than
$100,000.00, or both.