§ 6-205. Burglary in the fourth degree

   (a) Prohibited -- Breaking and entering dwelling. -- A person may not break and enter the dwelling of another.

(b) Prohibited -- Breaking and entering storehouse. -- A person may not break and enter the storehouse of another.

(c) Prohibited -- Being in or on dwelling, storehouse, or environs. -- A person, with the intent to commit theft, may not be in or on:

   (1) the dwelling or storehouse of another; or

   (2) a yard, garden, or other area belonging to the dwelling or storehouse of another.

(d) Prohibited -- Possession of burglar's tool. -- A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

(e) Penalty. -- A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment not exceeding 3 years.

(f) Conviction of theft. -- A person who is convicted of violating § 7-104 of this article may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of § 7-104 of this article.

HISTORY: An. Code 1957, art. 27, § 32; 2002, ch. 26, § 2.