Burglary Laws & Penalties

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Questions and Answers

According to the provided statutes, under what circumstances is burglary classified as a Class A felony?

  • When the value of the stolen property exceeds $1,000.
  • When it occurs in a commercial building during business hours.
  • When the burglar is armed with a deadly weapon (excluding firearms) or inflicts bodily injury during the commission of the offense. (correct)
  • When the burglary involves the use of sophisticated technology to bypass security systems.

What constitutes an 'occupied structure' according to the burglary statute?

  • Any building currently in use, regardless of its intended purpose.
  • Any building with a security system installed.
  • Only residential buildings that are currently inhabited.
  • Any structure, vehicle, boat, or place adapted for overnight accommodation or carrying on business, whether or not a person is present. (correct)

Which of the following actions would likely be considered 'criminal trespass'?

  • Accidentally walking across a corner of someone's unfenced lawn while hiking.
  • Entering a construction site to retrieve a lost item, without realizing it was private property.
  • Remaining in a retail store after being asked to leave by the manager due to disruptive behavior. (correct)
  • Entering a public park after posted closing hours, unaware of the restriction.

What is the significance of the 'night' timeframe in the context of burglary charges?

<p>Burglary in a dwelling at night is a Class A felony. (D)</p> Signup and view all the answers

Under what conditions can a person be charged with both burglary and the crime they intended to commit within the burgled premises?

<p>A person can only be charged with both if the intended crime constitutes a Class A felony. (B)</p> Signup and view all the answers

What is the determining factor in classifying 'criminal trespass' as a misdemeanor versus a Class B felony?

<p>Whether the trespass resulted in property damage exceeding $1,500. (B)</p> Signup and view all the answers

According to the statute, what constitutes 'secured premises' in the context of criminal trespass?

<p>Any place which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed to exclude intruders. (C)</p> Signup and view all the answers

What is the potential consequence for someone found defacing or destroying a 'no trespassing' sign on another person's property?

<p>A Class B misdemeanor. (A)</p> Signup and view all the answers

If a person enters a building with the intent to steal, but the building is open to the public at the time, can they be charged with burglary?

<p>No, because the premises were open to the public, providing an exception to the burglary statute. (A)</p> Signup and view all the answers

What constitutes an affirmative defense against a charge of burglary, according to the statute?

<p>The building or structure was abandoned. (C)</p> Signup and view all the answers

Under what condition is entering grounds, lands, or parking areas of any state correctional facility or transitional housing unit not considered criminal trespass?

<p>If there is prior authorization, or a legitimate purpose associated with corrections operations. (D)</p> Signup and view all the answers

According to the criminal trespass statute, what must occur for an order to leave a property to be valid and enforceable?

<p>The order must be personally communicated to the individual by the owner or other authorized person. (B)</p> Signup and view all the answers

What distinguishes the crime of burglary from the crime of criminal trespass, based on the statutes?

<p>Burglary requires the intent to commit a crime <em>within</em> the premises, while criminal trespass is simply entering or remaining unlawfully. (B)</p> Signup and view all the answers

What constitutes possession of burglary tools according to statute 635:1, V?

<p>Possessing tools adapted and designed for breaking into structures with the <em>intent</em> to use them for criminal purposes. (A)</p> Signup and view all the answers

According to the statutes, what is the definition of 'night'?

<p>30 minutes past sunset and 30 minutes before sunrise. (C)</p> Signup and view all the answers

How does RSA 79-A:4, II relate to criminal trespass as of January 1, 2025?

<p>It makes it a crime to trespass on open space land in violation of a posted 'no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation' sign. (C)</p> Signup and view all the answers

How does RSA 318-B or RSA 633:7 relate to criminal trespass after January 1, 2025?

<p>It makes trespassing an added crime if other crimes are committed. (C)</p> Signup and view all the answers

How does RSA 637:2, I, IV, and V relate to criminal trespass?

<p>They define value, property, and property of another. (C)</p> Signup and view all the answers

What part of RSA 651:2, II-g relate to?

<p>It is a sentencing guideline for people armed with a firearm. (B)</p> Signup and view all the answers

Flashcards

Burglary

Entering or remaining unlawfully in a building or occupied structure with the intent to commit a crime inside, unless the premises are open to the public or the person is authorized to enter. Abandoned structures are an affirmative defense.

Occupied Structure

Any structure, vehicle, boat, or place adapted for overnight accommodation or business, whether or not a person is actually present.

Night (legal definition for burglary)

The period between 30 minutes past sunset and 30 minutes before sunrise.

Criminal Trespass

Entering or remaining in any place, knowing that you are not allowed to be there.

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Secured Premises

Any place that is posted with signs, is fenced, or otherwise enclosed to keep intruders out.

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Property Defacement/Destruction

Removing, defacing, or destroying any sign, poster, or property of another person.

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Study Notes

Burglary (635:1)

  • A person is guilty of burglary if they unlawfully enter or remain in a building, occupied structure, or separately secured section with the intent to commit a crime, unless the premises are open to the public or the person is licensed or privileged to enter.
  • Abandonment of the building or structure is an affirmative defense.
  • Burglary is a class B felony, but it becomes a class A felony if:
    • It occurs in a dwelling at night
    • The person is armed with a deadly weapon or explosives during the offense, attempt, or immediate flight
    • The person purposely, knowingly, or recklessly inflicts bodily injury on anyone during the offense, attempt, or immediate flight
  • If a firearm is used as a deadly weapon, sentencing aligns with RSA 651:2, II-g.
  • "Occupied structure" includes any structure, vehicle, boat, or place adapted for overnight accommodation or business, regardless of whether a person is present.
  • "Night" is defined as the period between 30 minutes past sunset and 30 minutes before sunrise.
  • A person cannot be convicted of both burglary and the intended crime, unless the additional offense is a class A felony.
  • Possessing tools or implements designed for breaking into secured areas with the intent to steal or commit a crime is a misdemeanor.

Criminal Trespass (635:2)

  • A person is guilty of criminal trespass if they knowingly enter or remain in any place without license or privilege to do so.
  • The first offense is a misdemeanor.
  • Subsequent offenses are a class B felony if the person knowingly or recklessly causes damage exceeding $1,500 to another's property.
  • Criminal trespass is a misdemeanor if:
    • It occurs in an occupied structure
    • The person knowingly enters or remains in:
      • Any secured premises
      • Any place in defiance of a personally communicated order to leave or not enter from the owner or authorized person
      • Any place in defiance of a court order, provided they have been properly notified
      • Grounds, lands, or parking areas of any state correctional facility or transitional housing unit without prior authorization or legitimate purpose
      • Open space land in violation of a posted "no trespass" sign, except for specified activities such as skiing, snowshoeing, fishing, etc.
      • The property of another during the commission of any crime under RSA 318-B or RSA 633:7
  • All other instances of criminal trespass are a violation.
  • "Secured premises" means any place posted as prescribed by law or in a manner reasonably likely to be noticed, or fenced/enclosed to exclude intruders.
  • "Property," "property of another," and "value" are defined in RSA 637:2, I, IV, and V, respectively.

Penalty (635:5)

  • Removing, defacing, or destroying any sign, poster, or property of another is a class B misdemeanor.

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