Law of the Day: Burglary

Law of the Day:  Burglary 

RSA 635:1  (2010)

635:1  Burglary.

I. A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied section thereof, 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. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, 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 he purposely, knowingly or recklessly inflicts bodily injury on anyone; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.

III. “Occupied structure” shall mean any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. “Night” shall mean the period between 30 minutes past sunset and 30 minutes before sunrise.

IV. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a class A felony.

V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.


Arrested for DWI in New Hampshire?

The Law Offices of Mark Stevens represents people accused of DWI and other crimes. Call right now for a free initial consultation at 603-893-0074. In New Hampshire call 1-800-DWI-LAWS or visit us online for more information and case examples at We look forward to speaking with you.

About ByeByeDWI
New Hampshire criminal defense lawyer Mark Stevens. Defending drivers accused of DWI/DUI in all New Hampshire courts. Located in Salem,New Hampshire. Free NH DWI case consultations. Call Attorney Mark Stevens at 1-603-893-0074 today for a free consultation.

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