Thread: Connecticut
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Old September 3, 2012, 10:32 PM   #38
Aguila Blanca
Senior Member
Join Date: September 25, 2008
Location: CONUS
Posts: 9,723
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;


(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.
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