Criminal Defense - NJ Burglary (N.J.SA. 2C:18-2)
Burglary is the unlawful breaking and entering into the structure of another with the intent to commit a felony or larceny while inside. Under N.J.S.A. 2C:18-2, there are three ways to commit Burglary in New Jersey described below:
Burglary by Entering
To be charged with Burglary by entering, a person must:
- Enter a facility, structure, or separately secured or occupied portion of a structure;
- At a time not open to the public;
- Without permission or being allowed to be on the premises; &
- With the purpose of committing an offense on the premises.
Burglary by Remaining
Burglary based on remaining requires a person to:
- Surreptitiously remain in a facility, structure, or separately secured or occupied portion of a structure; &
- While knowing that one does not have permission and is not allowed to do so.
Trespassing on Utility Company Property
A charge of Burglary based on trespassing on utility company property is met when a person has:
- Trespassed; &
- In or on utility company property;
- Where public notice prohibiting trespass is given; &
- Or where notice is given by conspicuous posting, fencing, or any other enclosure designed to exclude intruders.
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