Burglary 2C:18-2
New Jersey’s Criminal Code defines burglary as an act engaged in by a person who has a purpose to commit an offense in a structure or on a property. The person must have entered a research facility, structure, or a separately secured or occupied portion of a structure or dwelling. A “structure” does not have to be a distinct building. It can be an area, such as a closed off portion of a hotel room.
The person must have entered or surreptitiously remained on the property knowing that they were not allowed to be there. The person may also be charged with burglary if they trespass on utility company property where there is public notice that disallows trespassers. The notice must be given by conspicuous posting, fencing, or other enclosures designed to exclude intruders.
It is a crime of the second degree if a person who enters or remains on a property in the manner specified above purposely, knowingly, or recklessly harms, attempts to harm, or threatens to engage in bodily harm to another person. It is also a crime of the second degree if the person is carrying explosives or a deadly weapon. A crime of the second degree is punishable by up to 5 to 10 years in prison and a fine up to $150,000.
If the person who enters or remains on the property does not take an action to inflict or threaten injury upon another, and is not carrying explosives or a deadly weapon, they can be charged with a crime of the third degree. A crime of the third degree is punishable by up to 3-5 years in prison and a fine up to $15,000.
Contrary to popular thought, burglary does not have to involve the intent to steal an item from a structure, dwelling, or property. Stealing might be the offense that the person entering the property intended to commit. A person could also have the intent to commit another wrongful act, such as assault or battery, or criminal mischief. Criminal mischief is also known as property damage.
It is an affirmative defense if the person committed the acts under duress: a perceived harm from another person. It is also an affirmative defense if the person accused of burglary had a reasonable basis to believe that they were allowed to be on the property. If the property was open to the public at the time the person entered, or the person had a license to enter the property, the person had a reasonable basis to believe they were not entering in an unauthorized manner.
An individual can be accused of burglary if they are authorized to be in a place, but enter to commit an unauthorized act. For example, a person may be allowed to go to their workplace during the week. If they come to the workplace on the weekend to steal office supplies, they can be charged with burglary. The wrongful act in which the person engages does not merge with burglary.
