[First Reprint]

ASSEMBLY, No. 2118

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 11, 2010

 


 

Sponsored by:

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris)

 

 

 

 

SYNOPSIS

     Upgrades burglary of a residence as a crime of the second degree; upgrades it to a crime of the first degree if committed while armed.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on September 16, 2010, with amendments.

  


An Act concerning burglary and amending N.J.S.2C:18-2.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  N.J.S.2C:18-2 is amended to read as follows:

     2C:18-2.  Burglary.  a.  Burglary defined.  A person is guilty of burglary if, with purpose to commit an offense therein 1or thereon1 he:

     (1)  Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; 1[or]1

     (2)  Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so 1; or1

     1(3)  Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders1.

     b.  Grading. Burglary 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; [or] 1or1

      (2)  Is armed with or displays what appear to be explosives or a deadly weapon; or

     (3)  Unlawfully enters or surreptitiously remains in a dwelling or other structure adapted for overnight accommodation of persons, whether or not a person is actually present.

     1Burglary is a crime of the first degree if in the course of committing the offense the actor unlawfully enters or surreptitiously remains in a dwelling or other structure adapted for overnight accommodation of persons, whether or not a person is actually present, and  is armed with or displays what appear to be explosives or a deadly weapon1

     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.

(cf: P.L.2009, c.283, s.3)

 

     2.  This act shall take effect immediately.