breaking in a felony?

[cyenobite]

Hello all,
Just a general question to settle a dispute among my friend and I.
My friends apartment complex has been going through a series of break-ins. The residents are upset about the police's apparent lack of enthusiasm to catch the suspect. (for example, a shoe print was found on the blinds of the window, and the police failed to take a photo, and in all cases have not dusted for fingerprints).
the Items stolen are usually jewelry, cash, and video games.
I told my friend that unless the crime was a felony, the police will not go to the extremes you see on many TV shows.
this then led to the question at hand...
I said that the fact of "breaking and entering" is not considered a "felony" unless something of value is taken.
Is this correct?
I read several of the posts in this forum, and most say that a "burglary, is when someone breaks in with the "intent" to commit a felony"
So to me, that sounds like the act of breaking in, is not in fact a felony.
Now, obviously i'm not nieve, and the reason a person breaks in is usually to steal something, so I'm sure they're related, but just as a hypothetical situation... lets say someone breaks into a house and has a camera. They take some pictures of some priceless artwork on the wall, and are then caught leaving the house with only his camera. Would this be considered a felony?

Thanks for any advice.
cyen

PS> if it matters we're in NJ

 

[calatty]

The definition of the crime will vary from state to state. In CA it is a felony, and I would think it is in most states. Here is the New Jersey statute, Code of Criminal Justice 2C:18-2:

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or
(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

 

[cyenobite]

still unsure

Hi calatty,
Thanks for the response, but I'm not sure that answers my question. I was not really looking for the definition of what a burglary was, but rather if breaking and entering was considered a felony.
Thanks anyway
cyen