What differentiates Second Degree Home Invasion from First Degree?

Second Degree Home Invasion is defined by specific circumstances regarding the presence of individuals within the premises being entered. The correct answer highlights that Second Degree Home Invasion does not require someone to be lawfully present inside the home at the time of the invasion. This distinction is crucial because it allows for the characterization of the crime even when the home is unoccupied.

In contrast, First Degree Home Invasion typically requires that someone is present and that the intruder either intends to commit a violent crime or is armed or poses a threat to those within. This adds a layer of seriousness and increased penalties, differentiating the two degrees of the crime.

Other options do not accurately reflect the legal distinctions between the two degrees:

• The use of a weapon would elevate the crime to First Degree Home Invasion under certain circumstances, not Second Degree.

• Not all incidents of Second Degree Home Invasion involve larceny; rather, the crime is defined by unlawful entry and the intent to commit a crime therein.

• Home Invasion laws typically pertain to residential structures, not businesses, which further delineates the scope of Second and First Degree classifications.