In state v.
Olivero (decided June 29, 2015) our highest court held that a fenced-in and
locked lot is a structure within the n.j.s.a. 2c:18-2.
In this case the
defendant-Olivero entered the fenced yard to steal industrial equipment that
was located in a fenced yard which adjoined a warehouse which was part of a
larger manufacturing facility. At the
close of the state’s case the defendant moved for a directed verdict arguing
that a fenced yard was not a structure for purposes of the burglary statute.
The trial court
and appellate division disagreed with the defendant’s argument and the Supreme
Court granted certification. (217 N.J. 304 (2014)
The court agreed
that although the term structure is not clear, legislative intent for penal
statutes must be strictly construed, and doctrine of lenity should not apply.
Therefore, the
rule of law for this case is that if you enter a fenced lot which is locked for
the purpose of committing a theft or attempted theft, you have committed a
crime of burglary in the state of new jersey.
Law Office of Vincent j. sanzone, jr., esq.
p.o. box 261
277 north broad street
raymond building
elizabeth (union county), new jersey 07207
(908) 354-7006
