Nope. We have to keep track of the "ands" and "ors."
To be a "home invasion," step one is the perp has to enter a residence while it is occupied, with intent to commit a crime. AND the perp must also do one of two additional things:
(1) Commit or attempt a felony upon an occupant of the dwelling;
OR
(2) Be armed with explosives or a deadly weapon.
So ... a simple burglary of an UNoccupied dwelling would not be a home invasion no matter what weaponry the perp had with him. But a so-called "hot" burglary (a burglary of an occupied dwelling) would rise to the classification of "home invasion" if the perp is armed with explosives and/or deadly weapons, even if he didn't assault the occupants. Even if they were upstairs and slept through the whole thing, and the perp never went above the ground floor.
|