Home invasion

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  • (a) A person who is not a peace officer acting in the line of duty commits home invasion when, without authority, he knowingly enters the dwelling place of another when he knows or has reason to know that one or more persons are present or when he knowingly enters the dwelling place of another and remains in such dwelling place until the person knows or has reason to know that one or more persons is present and:

    • (1) While armed with a dangerous weapon, as defined in 14 V.I.C. § 2251, other than a firearm, uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs; or

    • (2) Intentionally causes any injury to any person or persons within such dwelling place; or

    • (3) While armed with a firearm uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs; or

    • (4) Uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs, and during the commission of the offense personally discharges a firearm; or

    • (5) Personally discharges a firearm that causes bodily harm, permanent disability, permanent disfigurement, or death to another person within such dwelling place.

  • (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in such dwelling place until the person knows or has reason to know that one or more persons is present either immediately leaves such premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.


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