Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Establishes separate crime of burglary of residential dwelling.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning burglary of a residential dwelling and amending N.J.S.2C:18-1 and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:18-1 is amended
to read as follows:
2C:18-1. In this chapter, unless a different meaning plainly is required:
Residential dwelling means any building or structure, though movable or temporary, or a portion thereof, which serves primarily as a residence for one or more persons. Residential dwelling also means any place adapted for overnight accommodation of persons.
"Structure" means any building, room, ship, vessel, car, vehicle or airplane, [and also means any place adapted for overnight accommodation of persons,] or for carrying on business therein, whether or not a person is actually present.
"Utility Company Property" means property; (1) owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority or other public agency, and (2) which is used for the purpose of providing electric, gas or water utility service.
"Operational area" means any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs, and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft.
"Sterile area" means a portion of an airport, as set forth in an airport security program approved by the Transportation Security Administration, that provides passengers access to boarding aircraft and to which the access generally is controlled by the Transportation Security Administration, an aircraft operator pursuant to 49 C.F.R. part 1544, or an air carrier pursuant to 49 C.F.R. part 1546, through the screening of persons and property.
(cf: P.L.2013, c.138, s.1)
2. (New section) a. A person is guilty of residential burglary if, with the purpose to a commit an offense therein or thereon, the actor enters any residential dwelling or surreptitiously remains in the residential dwelling.
b. Burglary pursuant to
subsection a. of this section is a crime of the second degree if in the course of
committing the offense, the
actor:
(1) purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone;
(2) is armed with or displays what appear to be explosives or a deadly weapon; or
(3) enters the residential dwelling while a resident or any other person, other than a person acting in concert with the actor, is present in the residential dwelling.
Otherwise, burglary is a crime of the third degree. An act shall be deemed in the course of committing an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
3. This act shall take effect immediately.
STATEMENT
This bill establishes burglary of a residence as a separate crime from the crime of burglary pursuant to N.J.S.A.2C:18-2, thus facilitating the tracking of the crime of burglary of residential dwellings in this State.
Under the bill, residential dwelling is defined as: (1) any building or structure, though movable or temporary, or a portion thereof, which serves primarily as a residence for one or more persons; or (2) any place adapted for overnight accommodation of persons.
The penalties for burglary of a residence remain the same as under current law. It is a crime of the third degree to commit a burglary of a residential dwelling under this bill; except that it is a crime of the second degree if the actor: (1) purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone; (2) is armed with or displays what appear to be explosives or a deadly weapon; or (3) enters the residential dwelling while a resident or any other person, other than a person acting in concert with the actor, is present in the residential dwelling.
A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.