N.J. Admin. Code § 13:75-2.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:75-2.4 - Eligibility of claimants for personal injury resulting from the crime of burglary

(a) Pursuant to the provisions of N.J.S.A. 52:4B-11b(11), the Office shall make an award to eligible victims of the crime of burglary when an actor, without license or privilege, enters a structure not open to the public with the purpose of committing another offense, other than trespass or entry, or remains in a structure knowing that there is no license or privilege to do so.

(b) "Structure" as used in this section, shall mean any residence, building, room, or any place adapted for overnight accommodation of a person. For purpose of this section, a motor vehicle is not to be considered a "structure."

(c) In order to be eligible to receive compensation as a victim of the crime of burglary, the victim must have:

1. Been a resident, owner, or invited guest of the structure burglarized;

2. Been present in the structure at the time of the burglary and either witnessed the burglary itself or subsequently observed the results thereof; and

3. Suffered physical and/or emotional distress directly related to the burglary.

(d) A secondary victim may be eligible for compensation under this section only if the criteria in (c)2 and 3 above have been satisfied.

(e) No award shall be made for loss or theft of personal property secondary to a burglary.

N.J. Admin. Code § 13:75-2.4