This bill establishes a new third-degree crime for residential burglary specifically targeting individuals who enter the dwelling of a victim of domestic violence, provided that the victim has a final restraining order against the actor. The bill stipulates that if the actor intends to cause injury or commit a crime while entering the victim's home, it constitutes a third-degree crime. Additionally, it creates a rebuttable presumption that the actor had such intent if a final restraining order is in place or if the actor has been previously convicted or charged with a crime related to domestic violence involving the victim.

Furthermore, the bill specifies that the presumption of nonimprisonment, as outlined in N.J.S.2C:44-1, will not apply to individuals convicted under these provisions. A third-degree crime in New Jersey is punishable by three to five years of imprisonment, a fine of up to $15,000, or both. This legislative change aims to enhance protections for victims of domestic violence by imposing stricter penalties on offenders who violate restraining orders.

Statutes affected:
Introduced: 2C:18-2.2