Section 16-11-311 - Burglary; first degree(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either: (1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime: (a) is armed with a deadly weapon or explosive; or(b) causes physical injury to a person who is not a participant in the crime; or(c) uses or threatens the use of a dangerous instrument; or(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or(3) the entering or remaining occurs in the nighttime.(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.1995 Act No. 83, Section 17; 1985 Act No. 159, Section 2.