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New Jersey statute

N.J.S.A. 2C:18-2 — Burglary

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 18, New Jersey Statutes.

Criminal charges under this statute

Full text of N.J.S.A. 2C:18-2

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:18-2Primary source, current through the P.L.2025, c.346, and J.R.22
2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon, the person: (1) Enters a research facility, structure other than a residential dwelling, 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; (2) Surreptitiously remains in a research facility, structure other than a residential dwelling, or a separately secured or occupied portion thereof knowing that the person is not licensed or privileged to do so; or (3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, fencing, or other enclosure manifestly designed to exclude intruders. 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 (2) Is armed with or displays what appear to be explosives or a deadly weapon. 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. amended 1980, c.112, s.2; 1981, c.290, s.18; 1995, c.20, s.3; 2009, c.283, s.2; 2024, c.83, s.5.

Official sources

Legal terms used in this section

Questions this section answers

What degree of offense is burglary in New Jersey?

It depends on the circumstances: burglary ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:18-2.

Burglary with bodily injury or armed with weapon/explosives: crime of the second degree (N.J.S.A. 2C:18-2) · Burglary — otherwise: crime of the third degree (N.J.S.A. 2C:18-2)

Which New Jersey statute covers burglary?

Burglary is governed by N.J.S.A. 2C:18-2 (Burglary).

This reference is informational and is not legal advice.