Many states, including the state of Georgia, have amended their burglary laws. Traditionally, burglary in Georgia was defined as the breaking and entering into a dwelling at night with the intent to commit a felony therein. Today—whether night or day—a person can be charged and convicted of burglarizing an occupied or unoccupied dwelling house, building, structure or vehicle. Bottom line, you can land behind bars even if you enter a vacant building without force and don’t end up stealing anything. If you enter the property of another without permission with the intent to commit a theft, then you will more than likely be prosecuted for burglary.
Georgia Laws on Burglary
In the state of Georgia, there are two degrees of burglary—first-degree burglary and second-degree burglary. Under O.C.G.A. § 16-7-1, 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 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, vehicle, railroad car, watercraft, or aircraft.