February 6, 2008 |
2008-R-0088 | |
HOME INVASION LAWS IN OTHER STATES | ||
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By: Kevin E. McCarthy, Principal Analyst | ||
You asked how other states address the crime of home invasion, i.e., burglary of an occupied dwelling. In this report we summarizes the laws of the following states: Arizona, California, Colorado, Florida, Georgia, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington. The Vera Institute of Justice had presented information on theses states at a September, 2007 meeting of the Connecticut Sentencing Task Force.
SUMMARY
In Connecticut, PA 08-1 creates the crime of home invasion. Under the act, a person commits this crime by entering or remaining unlawfully in an occupied dwelling with intent to commit a crime and in the course of committing the offense:
1. acting alone or with another, commits or attempts to commit a felony against the person of someone other than a participant in the crime who is in the dwelling or
2. is armed with explosives, a deadly weapon, or a dangerous instrument.
The act makes this crime a class A felony, punishable by 10 to 25 years in prison with a 10-year mandatory minimum sentence and a fine of up to $ 20,000.
The act also increases the penalty for committing burglary of a dwelling at night by making it 1st degree burglary instead of 2nd degree burglary. It increases the penalty for this conduct from a class C felony punishable by up to 10 years in prison, a fine of up to $ 10,000, or both to a class B felony punishable by up to 20 years in prison, a fine of up to $ 15,000, or both.
Most of the states covered by this report treat home invasion as a form of burglary. Michigan has a separate crime called home invasion, which has three degrees. Illinois has both a home invasion and a residential burglary law. Rhode Island has several crimes that address breaking and entering a dwelling, with heightened penalties if the dwelling is occupied by an elderly or disabled person. The penalties under these laws vary widely. Some states, such as Michigan, have penalties that are substantially lower than Connecticut's penalties for home invasion, while others, such as Illinois, have penalties that are substantially higher. The elements of these laws vary widely. A number of the laws do not distinguish between violations involving occupied versus unoccupied dwellings.
HOME INVASION LAWS IN OTHER STATES
Table 1 describes laws in other states that apply to home invasions. The specific elements of these laws and their penalties vary widely. In some states, there are separate offenses for day and night-time burglaries. Most of the states have an intent element, although Rhode Island does not. Michigan has separate offenses for burglars who intend to commit misdemeanors and felonies. In Colorado, it is second degree burglary to break and enter into any building with the intent to commit a crime, but the penalty is greater if the building is a dwelling, whether occupied or not.
In most cases, a person convicted of these crimes faces both imprisonment and fines. The maximum imprisonment for a first offense ranges from three and one half years in Arizona to up to life for first degree burglary in Florida and Washington. The maximum fine ranges from $500 in Massachusetts in cases where the burglar does not frighten anyone (presumably this would happen if the home was unoccupied or the burglar did not wake any of the occupants who were asleep) to $750,000 in Colorado. Most of the states, like Connecticut, impose more severe penalties if the burglar is armed.
In many cases, these states have more stringent penalties for second and subsequent violations. In several cases, repeat offenders are subject to repeat felony offender statutes. Colorado has a specific habitual burglary offender statute (Col. Rev. Stat. Sec. 18-1.3-804). In addition to these statutes, home invasions may also be subject to prosecution under related crimes, such as criminal trespass.
Table 1: Home Invasion Laws in Other States-Elements and Penalties
State |
Cite |
Crime |
Elements |
Prison |
Fine |
AZ |
Burglary 2d Burglary 1st |
Enters or remains unlawfully in or on a residential structure with the intent to commit a theft or felony there. Commits burglary 2d while knowingly possessing explosives, a deadly weapon, or a dangerous instrument while committing a theft or felony |
Up to 3.5 years Up to five years |
Up to $150,000 Up to $150,000 | |
CA |
Penal Code |
Burglary 1st |
Enters a structure used for dwelling purposes, whether or not occupied, with intent to commit larceny or any felony |
2, 4, or 6 years- if the court grants probation it must specify its reasons on the record |
|
CO |
Burglary 2d Burglary 1st |
Knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building with intent to commit a crime against another person or property. Knowingly enters unlawfully or remains unlawfully after any entry, in a building with intent to commit a crime against another person or property (other than trespass) and while entering or in the building or structure or in immediate flight from them, the person or another participant in the crime (1) assaults or menaces any person or (2) is armed with explosives or a deadly weapon |
8- 24 years plus five years parole for burglary of a dwelling (lesser penalty for burglaries of other buildings) 8-24 years plus five years probation (applies to burglaries of any building) |
$3,000 to $750,000 for burglary of a dwelling (lesser penalty for burglaries of other buildings) $3,000 to $750,000 (applies to burglary from any building) |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
FL |
Burglary 2d Burglary 1st |
(1) Enters or remains in a dwelling, whether or not another person is there, with the intent to commit an offense, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or (2) notwithstanding a licensed or invited entry, remaining in a dwelling: a. surreptitiously or after permission to remain has been withdrawn, with the intent to commit an offense; or b. to commit or attempt to commit a forcible felony
While committing burglary, the offender: (a) Assaults or batters any person; (b) Is or becomes armed within the dwelling with explosives or a dangerous weapon; or (c) Enters an occupied or unoccupied dwelling and: 1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling; or 2. Causes more than $1,000 in damages to the dwelling or to property in it. |
Up to 15 years Up to life |
Up to $10,000 Up to $10,000 |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
IL |
Home invasion Residential burglary |
A person (other than a peace officer acting in the line of duty) without authority knowingly (1) enters the dwelling of another when he knows or has reason to know that one or more persons is present or (2) enters the dwelling place of another and remains there until he knows or has reason to know that one or more persons is present AND the person a. uses force or threatens the imminent use of force upon another person in the dwelling whether or not injury occurs, while armed with a dangerous weapon b. while armed with a firearm, uses or threatens the imminent use of force upon any person or persons within such dwelling place whether or not injury occurs; c. personally discharges a firearm that proximately causes great bodily harm, permanent disability or disfigurement, or death to another person in the dwelling; d. intentionally causes any other injury to another person in the dwelling e. uses force or threatens the imminent use of force to any person in the dwelling and during the commission of the offense personally discharges a firearm; or f. commits one of several crimes against another person within the dwelling. Knowingly and without authority enters or remains in the dwelling place of another or any part of it, with the intent to commit a felony or theft. |
30-60 years 15 years added if offender was armed with a firearm and used or threatened to use force on an occupant. 20 years added if offender used or threatened the imminent use of force to any person in the dwelling and during the commission of the offense personally discharges a firearm 25 years to life added if offender personally discharged a firearm that proximately causes great bodily harm, permanent disability or disfigurement, or death to another person in the dwelling. 7-14 years |
Up to $25,000 Up to $25,000 |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
ME |
Burglary |
Enters or surreptitiously remains in a structure knowing that that person is not licensed or privileged to do so, with the intent to commit a crime there. Commits burglary of any structure while armed with a firearm or knowing that an accomplice is so armed. |
Up to 10 years for burglary of a dwelling, Up to 30 years |
Up to $20,000 Up to $30,000 | |
MA |
Entry of occupied dwelling while armed Unarmed burglary Armed burglary Breaking and entering at night Illegal entry, other circumstances |
Knowingly enters or stays in a dwelling knowing or having reason to know that one or more persons are present there AND while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within the dwelling whether or not injury occurs, or intentionally causes any injury to any person in the dwelling. Breaks and enters a dwelling at night, with the intent to commit a felony or, having entered with such intent, breaks a dwelling in the night time, without (1) being armed, (2) arming himself with a dangerous weapon in the dwelling, or (3) assaulting a person lawfully there. Same elements while armed with a dangerous weapon at the breaking or entry, arming himself in the house, or making an actual assault on a person lawfully there. Breaks and enters a building at night with intent to commit a felony Enters a dwelling at night without breaking or breaks and enters a building during the day, with intent to commit a felony, with no one lawfully there being put in fear |
20 years to life, 10 years of which cannot be reduced. No probation or parole. Up to 20 years 10 years to life (15 years to life if armed with a firearm) Up to 20 years Up to 10 years or up to 2 years plus fine of up to $500. If armed with a firearm minimum penalty is 2.5 years |
None specified None specified None specified None specified |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
MI |
Sec. 750.110a |
Home invasion 3d Home invasion, 2d Home invasion, 1st |
(1) Breaks and enters a dwelling with intent to commit a misdemeanor there, enters a dwelling without permission with intent to commit a misdemeanor there, or breaks and enters a dwelling or enters a dwelling without permission and while entering, present in, or leaving the dwelling, commits a misdemeanor, or (2) breaks and enters a dwelling or enters a dwelling without permission and while entering, present in, or leaving the dwelling, violates any of the following ordered to protect a named person or persons: (i) A term or condition of parole probation, or a personal protection order, or (ii) A bond or bail condition or any condition of pretrial release. (1) Breaks and enters a dwelling with intent to commit a felony, larceny, or assault there; (2) enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling; or (3) breaks and enters a dwelling or enters a dwelling without permission and while entering, present in, or exiting the dwelling, commits a felony, larceny, or assault Same elements as Home Invasion 2d, while armed with a dangerous weapon or another person is lawfully present in the dwelling. |
Up to 5 years Up to 15 years Up to 20 years |
Up to $2,000 Up to $3,000 Up to $5,000 |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
NH |
Burglary |
Enters a building or occupied structure, or separately secured or occupied section of it, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter Same elements when (1) committed in the dwelling of another at night, (2) in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives, or (3) the burglar purposely, knowingly, or recklessly inflicts bodily injury on anyone. |
Up to 7 years Up to 15 years |
Up to $4,000 Up to $4,000 | |
RI |
Breaking and entering of dwelling Breaking and entering of a dwelling when resident on premises Breaking and entering of a dwelling when elderly resident is on premises Breaking and entering of a dwelling when impaired resident is on premises |
Breaks or enters a dwelling or apartment without the owner or tenant's consent, whether occupant is present or not Same elements as above, with occupant present Same elements a above, when the occupant is 60 or older Break and enter any dwelling house or apartment, without the consent of the owner or tenant at a time when the occupant is severely impaired |
2-10 years Unspecified for a first offense, 1-10 years, with no option for probation or suspension for a subsequent offense 4-20 years 2-20 years |
Up to $10,000 Unspecified for a first offense, up to $5,000 for a subsequent offense Up to $15,000 Up to $5,000 |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
MN |
Burglary 2d Burglary 1st |
Enters a dwelling without consent and with intent to commit a crime, or Enters a dwelling without consent and commits a crime there, either directly or as an accomplice. Same elements as burglary 1st, when (1) another person, not an accomplice, is present in the dwelling when the burglar enters or at any time while the burglar is in the building; (2) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or (3) the burglar assaults a person within the building or on its appurtenant property |
Up to 10 years Up to 20 years (six mandatory) |
Up to $20,000 Up to $35,000 | |
NY |
Penal Code Sec. 140.25 Penal Code Sec. 140.30 |
Burglary 2d Burglary 1st |
Knowingly enters or remains unlawfully in a dwelling with intent to commit a crime there. Knowingly enters or remains unlawfully in a dwelling with intent to commit a crime there and while effecting entry or in the dwelling, or in immediate flight from it, he or another participant in the crime: (1) is armed with explosives or a deadly weapon; (2) causes physical injury to any person who is not a participant in the crime; (3) uses or threatens the immediate use of a dangerous instrument; or (4) displays what appears to be a firearm (it is an affirmative defense that the firearm was not loaded) |
Up to 15 years Up to 25 years |
Up to $15,000 Up to $30,000 |
Table 1: -Continued-
State |
Cite |
Crime |
Elements |
Prison |
Fine |
VT |
Burglary |
Enters any building knowing that he is not licensed or privileged to do so, with the intent to commit a felony, petit larceny, simple assault, or unlawful mischief or enters a building lawfully with the intent to commit such crimes, and surreptitiously remains in the building after his right to do so ends, or after the premises are no longer open to the public. |
15 years (25 years if an occupied dwelling) |
Up to $1,000 | |
WA |
Residential burglary Burglary 1st |
Enters or remains unlawfully in a dwelling other than a vehicle with intent to commit a crime against a person or property. Enters or remains unlawfully in a building with intent to commit a crime against a person or property there and if, in entering or while in any building or in immediate flight from it, the actor or another participant in the crime is armed with a deadly weapon, or assaults any person. |
Up to 10 years Up to life |
Up to $20,000 Up to $50,000 |