Under N.J.S.A. 2C:18-2, burglary in New Jersey means entering or remaining in a structure, research facility, or posted utility property without permission and with the purpose of committing a crime there. It is a third-degree crime by default, punishable by three to five years in prison. If the person is armed, displays what looks like a weapon, or injures or threatens someone during the offense, the charge becomes a second-degree crime carrying five to ten years. Residential break-ins are handled under a separate statute, 2C:18-2.2, so 2C:18-2 now covers commercial buildings, vehicles, research facilities, and utility property.1Justia. New Jersey Code 2C:18-2 – Burglary
The Three Ways to Commit Burglary Under 2C:18-2
The statute describes three distinct forms of prohibited conduct. Each one requires that the person acted with the purpose of committing a separate criminal offense inside or on the property.
- Entering a research facility, a non-residential structure, or a separately secured portion of one without being licensed, privileged, or invited to be there. If the building was open to the public at the time, the entry does not satisfy this element.
- Remaining hidden inside a research facility or non-residential structure after the right to be there has ended, knowing that permission is gone. The classic example is hiding in a store until closing.
- Entering utility company property where “no trespassing” notices are clearly posted, or where fencing or other barriers are obviously designed to keep people out.
The third category catches conduct people often assume is only trespassing. Climbing a fence around an electrical substation or water treatment facility with intent to steal copper wiring, for instance, falls within the burglary statute.1Justia. New Jersey Code 2C:18-2 – Burglary
The Criminal Purpose Must Exist at Entry
Breaking into a building by itself is not burglary. The prosecution has to prove that the person entered or stayed with the specific purpose of committing a crime once inside. That underlying crime can be theft, but it can also be assault, vandalism, or anything else the criminal code prohibits.1Justia. New Jersey Code 2C:18-2 – Burglary
Timing matters. The criminal purpose must exist at the moment of unauthorized entry or at the moment the person decides to stay. Someone who enters a store lawfully, gets into an argument, and then commits an assault entered the building without any criminal intent. That sequence does not support a burglary charge, though the assault itself can still be prosecuted. Burglary requires the criminal purpose and the unauthorized presence to overlap in time, and this distinction is often what separates a burglary prosecution from a trespassing charge paired with a separate offense.
What Counts as a Structure
N.J.S.A. 2C:18-1 defines “structure” broadly. It includes any building or room, but also ships, vessels, cars, other vehicles, and airplanes, along with any place used for carrying on business whether or not anyone is present at the time.2Justia. New Jersey Code 2C:18-1 – Definitions
Breaking into a parked delivery truck to steal packages can be charged as burglary, not just theft. The same goes for an unoccupied office after hours or a closed restaurant. The statute reaches “utility company property” through a separate definition covering property owned by a public utility or a government entity used for electric, gas, or water service.2Justia. New Jersey Code 2C:18-1 – Definitions
When Burglary Becomes a Second-Degree Crime
The default grade under 2C:18-2 is third degree. Two circumstances push it to second degree:
- The person purposely, knowingly, or recklessly inflicts or attempts to inflict bodily injury, or threatens immediate bodily injury, during the offense.
- The person is armed with or displays what appears to be a deadly weapon or explosives.
The statute defines conduct as happening “in the course of committing” the burglary if it occurs during the attempt, the commission itself, or the immediate flight afterward. Pulling a knife while running from the building still counts.1Justia. New Jersey Code 2C:18-2 – Burglary
The word “displays” does real work. The object does not have to be an actual firearm. If it reasonably appears to be a weapon, the charge gets elevated whether it turns out to be a replica, a toy, or nothing of the kind.
Prison Time, Fines, and Assessments
Second-Degree Burglary
A second-degree conviction carries five to ten years in prison.3Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime New Jersey law creates a presumption of incarceration for anyone convicted of a first- or second-degree crime, meaning judges are expected to impose prison time even for first-time offenders, and can depart from that presumption only in unusual circumstances.4Justia. New Jersey Code 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment The maximum fine is $150,000.5Justia. New Jersey Code 2C:43-3 – Fines and Restitutions
Third-Degree Burglary
A third-degree conviction carries three to five years.3Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime Here the presumption runs the other way: for a first-time offender convicted of a third-degree crime, the law presumes against incarceration unless the nature of the offense or the defendant’s history shows prison is needed to protect the public.4Justia. New Jersey Code 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment The maximum fine is $15,000.5Justia. New Jersey Code 2C:43-3 – Fines and Restitutions
Mandatory Assessments and Restitution
Every conviction triggers a $50 assessment for the Victims of Crime Compensation Board if the offense did not result in physical injury or death. If the burglary involved a crime of violence that injured or killed someone, that assessment starts at $100 and can reach $10,000.6Justia. New Jersey Code 2C:43-3.1 – Victim and Witness Advocacy Fund Assessment Courts can also order restitution to the victim for property damage or other losses from the burglary.
Residential Burglary Is Charged Under a Different Statute
If the property entered is someone’s home, the charge is not 2C:18-2. New Jersey carved residential break-ins out into N.J.S.A. 2C:18-2.2, which treats residential burglary as a second-degree crime in every instance and subjects it to the No Early Release Act, requiring 85 percent of the sentence to be served before parole eligibility. A defendant can avoid NERA only by showing by a preponderance of the evidence that they reasonably believed no one was inside when they entered, and the charge still remains second degree.7Justia. New Jersey Code 2C:18-2.2 – Residential Burglary Defined A “residential dwelling or accommodation” is a permanent structure currently used as someone’s residence, plus any place adapted for overnight stays.2Justia. New Jersey Code 2C:18-1 – Definitions
Possession of Burglar’s Tools
A burglary charge often comes with a companion count under N.J.S.A. 2C:5-5. A person commits that offense by possessing any tool, machine, or device adapted, designed, or commonly used for committing theft or breaking into a building, while knowing what the tool is for and intending to use it that way. Manufacturing the tool or publishing instructions for making one is a fourth-degree crime; simple possession is a disorderly persons offense.8Justia. New Jersey Code 2C:5-5 – Burglar’s Tools
Defenses to a Burglary Charge
Two defenses are built into the statute itself and the prosecution has to overcome both. Entry is not a crime if the structure was open to the public at the time. Walking into a department store during business hours cannot be unauthorized entry regardless of what the person planned to do inside. The second built-in defense is license or privilege: the person had the owner’s permission or a legal right to be on the property.1Justia. New Jersey Code 2C:18-2 – Burglary
Beyond those, the intent element is where many burglary cases are won or lost. Because the state must prove the person entered with the purpose of committing a crime, evidence that criminal intent formed only after a lawful entry defeats the burglary charge. A delivery worker who lawfully enters a warehouse and then opportunistically pockets something may face theft charges but has a strong argument against burglary.
A genuine, mistaken belief about permission can also undercut the case, either by negating the “knowing” element for surreptitious remaining or by supporting a license-or-privilege defense to unauthorized entry.
Immigration, Expungement, and the Time Limit
For a non-citizen, a burglary conviction can cause consequences well beyond the criminal sentence. Federal immigration law treats a burglary offense with a sentence of one year or more as an aggravated felony.9Office of the Law Revision Counsel. 8 USC 1101 – Definitions Because even third-degree burglary in New Jersey carries a minimum possible sentence of three years, virtually any burglary conviction puts a non-citizen at risk of deportation, bars to future admission, and ineligibility for most forms of immigration relief.
Burglary is not on the list of offenses permanently barred from expungement in New Jersey. A person convicted of burglary can petition to clear the record after completing the sentence and paying all fines. The standard waiting period for an indictable offense is ten years, though recent amendments have shortened that period to as few as five years in some circumstances. Robbery, by contrast, cannot be expunged at all, so the line between the two charges carries weight long after sentencing.
Prosecutors have five years to bring a burglary charge. That is the standard limitation period for crimes in New Jersey under N.J.S.A. 2C:1-6, and the clock starts on the date of the offense, not the date it was discovered.10Justia. New Jersey Code 2C:1-6 – Time Limitations If five years pass without an indictment, the charge is time-barred.