N.J.A.C.
13:75-1.31
Eligibility of Claimants for Personal Injury Resulting from the Crime
of Burglary
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- Pursuant to the provisions of N.J.S.A. 52:4B-11 (b) 11, the
Board 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.
- "Structure"
shall mean any residence, building, room or any place adapted for overnight
accommodation of a person. For the purpose of this provision,
a motor vehicle is not to be considered as a Astructure.
- In order to be eligible to receive compensation as a victim of the
crime of burglary, the victim must have:
- Been a resident, owner or invited guest of the structure burglarized;
- Been present in the structure at the time of the burglary
and either witnesses the burglary itself or subsequently observed
the results thereof;
- Suffered physical and/or emotional distress directly related
to the burglary;
- A secondary victim,. as defined by N.J.A.C. 13:75-1.28, may
be eligible for compensation under this section as a secondary victim
solely where the criteria in (c) 2 and 3 above have been satisfied.
- No award shall be made for loss or theft of personal property secondary
to a burglary.
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