A strange thing in New Jersey was the matter of home invasions. Prior to October 16, 2024, if there was a break-in at your home and you were burglarized, but the perpetrators did it in a violent manner, it was a burglary. The concept of “home invasion” was statutorily absent from the rolls and records of the Garden State’s law. A law with strong bi-partisan support introduced as Bill S3006/3204, was signed by Governor Phil Murphy last week. The stated purpose of the law, “Establishes crimes of home invasion burglary and residential burglary.”
As students of the gun – which many readers probably are – we go through training and education. Part of that training and education involves safety in the home and preparing for something we all know as a “home invasion.”
Imagine living in New Jersey – well, I know that’s enough to make plenty of you sick in the first place – you have your door kicked in and get robbed, but in the process you or a family member is brutalized in some manner. The police come and make a police report and you say, “I’ve been the victim of a home invasion.” They jot down “Burglary,” and maybe “Assault.”
A concept that’s so universal has been lost on the New Jersey ruling class for so long, the home invasion.
What does the new law do? It adds to the statute of law, to note, the following:
1. a. A person is guilty of home invasion burglary if, with purpose to commit an offense therein or thereon, the person, without license or privilege to do so, enters or surreptitiously remains in a residential dwelling or accommodation, or a separately secured portion thereof, and in the course of committing the offense, the person:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
…
2. a. A person is guilty of residential burglary if, with purpose to commit an offense therein or thereon, the person:
(1) Enters a residential dwelling or accommodation, or a separately secured portion thereof, unless the actor is licensed or privileged to enter; or
(2) Surreptitiously remains in a residential dwelling or accommodation, or a separately secured portion thereof, knowing that the actor is not licensed or privileged to do so.
With the new crimes come new penalties.
A home invasion burglary comes as a crime of the first degree, which is a felony in New Jersey. It’s noted that the crime is “subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2).”
A residential burglary comes as a crime of the second degree, also a felony in New Jersey. It’s noted that the crime is “subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2).”
However, the statute stipulates that when it comes to the penalties of a residential burglary, there’s an exemption:
Unless the actor demonstrates by a preponderance of evidence that the actor reasonably believed that no resident or any other person, other than a person acting in concert with the actor, was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein, in which case the offense is a crime of the second degree, not subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2).
While this is not a perfect scenario, it’s way better than what used to be the law in New Jersey. As a matter of opinion, the “burglary” aspect of the home invasion burglary definition could probably be dropped. Looking at the statute, an “offense” is one of the requirements to trigger this charge. In essence, a perpetrator does not need to steal anything to be charged with a home invasion burglary.
Governor Murphy and the Democratic led legislative body are not usually known for being tough on crime. The passage and enactment of this law is a departure from the anti-law-and-order sentiments that have swirled around Trenton during this administration.
“The safety and well-being of New Jerseyans is our Administration’s highest priority,” said Governor Murphy. “[This] bipartisan legislation ensures that the penalties for burglary and home invasion reflect the severity of these crimes and deter individuals from entering a home illegally. We are grateful to the Legislature, our law enforcement community, local mayors, and community members for supporting our shared goal of keeping New Jersey residents safe.”
“Our home is our sanctuary, holding the things we value most and the people we love most. When that sanctity is violated and that feeling of security is shattered, it leaves us with an overwhelming feeling of helplessness and vulnerability,” said Attorney General Matthew J. Platkin. “We have seen significant reductions in violent crime in New Jersey, and with the serious consequences established by this new law, Governor Murphy and the Legislature are taking another step in the effort to secure our homes and provide greater peace of mind to all New Jerseyans.”
We’d be remiss to not point out the anti-Second Amendment laws and policies that have proliferated under Murphy’s leadership. Part of safeguarding the “sanctuary” Platkin referenced goes hand in hand with being able to self-defend with a firearm.
Instead of pushing pro-self-defense measures, the legislature and executive branch has continued to usurp the rights of Garden Staters. A number of newly filed bills without bill texts point to more restrictions coming. Those restrictions seem to include potential penalties for using a firearm in self-defense.
While it’s said that a broken clock is right twice a day, we’re really looking at a busted calendar that might get it right once in a leap year. Lucky New Jersians. Regardless, we can’t discount that there is a net benefit to the matter of home invasion finally being given its due spot as the violent crime that it is.
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