New Jersey statute
N.J.S.A. 2C:18-2.2 — Residential burglary defined
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:18-2.2
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.
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.
b. For the purposes of subsection a. of this section, it is not an element of the offense that the actor knew that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein, and it shall not be a defense that the actor did not know that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein.
c. Residential burglary is a crime of the second degree, subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2), 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).
L.2024, c.83, s.2.
Official sources
Legal terms used in this section
Questions this section answers
What degree of offense is residential burglary defined in New Jersey?
Residential burglary defined is a crime of the second degree in New Jersey under N.J.S.A. 2C:18-2.2.
Which New Jersey statute covers residential burglary defined?
Residential burglary defined is governed by N.J.S.A. 2C:18-2.2 (Residential burglary defined).
This reference is informational and is not legal advice.