N.J.A.C.  13:75-1.31
Eligibility of Claimants for Personal Injury Resulting from the Crime of Burglary

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  1. 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. 
  2. "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. 
  3. 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 witnesses the burglary itself or subsequently observed the results thereof; 
    3.   Suffered physical and/or emotional distress directly related to the burglary; 
  4. 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.
  5. No award shall be made for loss or theft of personal property secondary to a burglary.

 

 

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