Section 5-39-201 - Residential burglary - Commercial burglary(a)(1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.(2) Residential burglary is a Class B felony.(b)(1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.(2) Commercial burglary is a Class C felony.(3)(A) A person who commits commercial burglary in which the commercial occupiable structure is a pharmacy as defined in § 17-92-101 is subject to an enhanced sentence of an additional term of imprisonment of five (5) years.(B) To seek the enhanced sentence established in this subdivision (b)(3), a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced sentence.(C) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice required under subdivision (b)(3)(B) of this section in the information or indictment.(D) An enhanced sentence imposed under this subdivision (b)(3) is consecutive to any other sentence imposed.(E) A person convicted under this subdivision (b)(3) is ineligible to receive earned release credits for the enhanced portion of the sentence.Amended by Act 2023, No. 837,§ 1, eff. 8/1/2023.Acts 1975, No. 280, § 2002; A.S.A. 1947, § 41-2002; Acts 1993, No. 442, § 2; 1993, No. 552, § 2.