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Bill > S3431


NJ S3431

NJ S3431
Establishes separate crime of burglary of residential dwelling.


summary

Introduced
06/10/2024
In Committee
06/10/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill establishes burglary of a residential dwelling as a separate crime from the general crime of burglary under N.J.S.A. 2C:18-2. It defines "residential dwelling" to include any building, structure, or place primarily used for overnight accommodation. Burglary of a residence remains a third-degree crime, but it becomes a second-degree crime if the perpetrator: (1) harms or threatens to harm someone, (2) displays what appears to be a deadly weapon, or (3) enters the dwelling while a resident or other person is present. The penalties for second-degree residential burglary are five to ten years imprisonment and up to $150,000 in fines, while third-degree residential burglary carries a sentence of three to five years and up to $15,000 in fines.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 06/10/2024)

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