Home invasion
Encyclopedia
Home invasion is the act of illegally burgling
or entering a private and occupied dwelling
for the purpose of committing a crime (such as robbery, assault, rape, murder, kidnapping
, or any violation of the law against the occupant(s). Home invasion is generally an unauthorized and forceful entry into a dwelling. It is a crime, the definition of which and punishments for, vary by state It is not a legally defined offense (federally) in the United States, but is in several states, such as Michigan
, Connecticut
, Illinois
, Florida, Louisiana
, and Las Vegas, Nevada. Home invasion laws also have been introduced in the South Carolina
General Assembly and in the State of Maryland
. On March 15, 2011, a bill making home invasion deaths a capital crime in New Hampshire
passed the New Hampshire House without debate. Home invasion is not a crime in Australia and New Zealand as well as most countries.
Home invasion differs from burglary in having a violent intent, specific or general, much the same way as aggravated robbery—personally taking from someone by force—is differentiated from mere larceny
(theft alone). As the term becomes more frequently used, particularly by the media, "home invasion" is evolving to identify a particular class of crime that involves multiple perpetrators (two or more); forced entry into a home; occupants who are home at the time of the invasion; use of weapons and physical intimidation; property theft; and victims who are unknown to the perpetrators.
, homicide
, rape, or assault charges. "Home-invasion robberies" were highlighted in June 1995, when the term made its way into the cover story of The FBI Law Enforcement Bulletin, in an article written by Police Chief James T. Hurley, who was located in the Ft. Lauderdale, Florida, area. Chief Hurley, posited that, at the time, the crime could be considered an alternative to bank or convenience store robberies, which were becoming more difficult to execute due to technological advances in security. In this same article, Hurley recommended educating the public about home invasion. Subsequently, Chief Hurley's article was reprinted on bNet, the online blog posted by Harvard Business School. Before the term "home invasion" came in use, the term "hot burglary" was often used in the literature. Early references also use "burglary of occupied homes" and "burglar striking an occupied residence".
According to an Oxford English Dictionary
(OED) draft entry for March 2004, the first published usage of the term in its modern sense is a November 1973 article in the Chicago Sun-Times
. The OED also cites a use of the term in the 1989 novel
Toxic Shock by Sara Paretsky
.
Connecticut
Congressman Chris Murphy
has proposed making home invasion a federal crime
in the United States.
and Perry Edward Smith
during a home-invasion robbery in rural Holcomb
, Kansas. The murders were detailed in Truman Capote
's "nonfiction novel" In Cold Blood
.
More recently, two paroled criminals were charged with six counts of capital murder during a home invasion into the Petit family home in Cheshire, Connecticut
on July 23, 2007. During the invasion, the mother died of asphyxiation due to strangulation and the two daughters died of smoke inhalation after the suspects set the house on fire. The men were charged with first-degree sexual assault, murder of a kidnapped person, and murder of two or more people at the same time. The state attorney is seeking the death penalty against the suspects. The first defendant, Steven Hayes
, was found guilty of 16 of 17 counts including capital murder on October 5, 2010 and on November 8, 2010 was sentenced to death. His co-defendant, Joshua Komisarjevsky, was convicted of all 17 counts against him in October, 2011. The case now has entered the penalty phase. (See Cheshire, Connecticut, home invasion murders.)
Another home invasion occurred on November 26, 2007 when Washington Redskins
star Sean Taylor
was murdered during an overnight home invasion of his suburban Miami home. Four defendants were charged with this crime.
Many U.S. states (particularly those that endorse the Castle Doctrine
) include defending oneself against forcible entry of one's home as part of their definition of justifiable homicide without any obligation to retreat.
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
or entering a private and occupied dwelling
Dwelling
Dwelling, as well as being a term for a house, or for living somewhere, or for lingering somewhere, is a philosophical concept which was developed by Martin Heidegger. Dwelling is about making yourself at home where the home itself is a building that is a house...
for the purpose of committing a crime (such as robbery, assault, rape, murder, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, or any violation of the law against the occupant(s). Home invasion is generally an unauthorized and forceful entry into a dwelling. It is a crime, the definition of which and punishments for, vary by state It is not a legally defined offense (federally) in the United States, but is in several states, such as Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Florida, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, and Las Vegas, Nevada. Home invasion laws also have been introduced in the South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
General Assembly and in the State of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. On March 15, 2011, a bill making home invasion deaths a capital crime in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
passed the New Hampshire House without debate. Home invasion is not a crime in Australia and New Zealand as well as most countries.
Home invasion differs from burglary in having a violent intent, specific or general, much the same way as aggravated robbery—personally taking from someone by force—is differentiated from mere larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
(theft alone). As the term becomes more frequently used, particularly by the media, "home invasion" is evolving to identify a particular class of crime that involves multiple perpetrators (two or more); forced entry into a home; occupants who are home at the time of the invasion; use of weapons and physical intimidation; property theft; and victims who are unknown to the perpetrators.
Statistics
Few statistics are available on home invasion as a crime, because it is not technically a specific crime in most states. Statistics about home invasion found on the Internet are often false and/or misleading. Persons arrested for what the police or media may refer to as "home invasion" are typically charged with such other crimes as robbery, kidnappingKidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, rape, or assault charges. "Home-invasion robberies" were highlighted in June 1995, when the term made its way into the cover story of The FBI Law Enforcement Bulletin, in an article written by Police Chief James T. Hurley, who was located in the Ft. Lauderdale, Florida, area. Chief Hurley, posited that, at the time, the crime could be considered an alternative to bank or convenience store robberies, which were becoming more difficult to execute due to technological advances in security. In this same article, Hurley recommended educating the public about home invasion. Subsequently, Chief Hurley's article was reprinted on bNet, the online blog posted by Harvard Business School. Before the term "home invasion" came in use, the term "hot burglary" was often used in the literature. Early references also use "burglary of occupied homes" and "burglar striking an occupied residence".
According to an Oxford English Dictionary
Oxford English Dictionary
The Oxford English Dictionary , published by the Oxford University Press, is the self-styled premier dictionary of the English language. Two fully bound print editions of the OED have been published under its current name, in 1928 and 1989. The first edition was published in twelve volumes , and...
(OED) draft entry for March 2004, the first published usage of the term in its modern sense is a November 1973 article in the Chicago Sun-Times
Chicago Sun-Times
The Chicago Sun-Times is an American daily newspaper published in Chicago, Illinois. It is the flagship paper of the Sun-Times Media Group.-History:The Chicago Sun-Times is the oldest continuously published daily newspaper in the city...
. The OED also cites a use of the term in the 1989 novel
1989 in literature
The year 1989 in literature involved some significant events and new books.-Events:* February 24 - Ayatollah Ruhollah Khomeini places a US$3 million bounty for the death of The Satanic Verses author Salman Rushdie.-Literature:...
Toxic Shock by Sara Paretsky
Sara Paretsky
Sara Paretsky is a modern American author of detective fiction.-Life and career:Paretsky was born in Ames, Iowa and raised in Kansas, graduating from the University of Kansas with a degree in political science. She did community service work on the south side of Chicago in 1966 and returned in...
.
Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
Congressman Chris Murphy
Chris Murphy (politician)
Christopher Scott "Chris" Murphy is the U. S. Representative for , serving since 2007. He is a member of the Democratic Party.Murphy previously served in the Connecticut House of Representatives and the Connecticut Senate....
has proposed making home invasion a federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
in the United States.
Notable examples
One well known home invasion is the November 15, 1959 quadruple murder of the Clutter family by Richard "Dick" HickockRichard Hickock
Richard "Dick" Eugene Hickock was one of two ex-convicts who murdered the four members of the Herbert Clutter family in Holcomb, Kansas on November 15, 1959, a crime made famous by Truman Capote in his 1966 non-fiction novel In Cold Blood...
and Perry Edward Smith
Perry Smith (murderer)
Perry Edward Smith was one of two ex-convicts who murdered four members of the Clutter family in Holcomb, Kansas, United States on November 15, 1959, a crime made famous by Truman Capote in his 1966 non-fiction novel In Cold Blood.-Family and early life:Perry Edward Smith was born in Huntington,...
during a home-invasion robbery in rural Holcomb
Holcomb, Kansas
Holcomb is a city in Finney County, Kansas, United States. As of the 2010 census, the city population was 2,094.-History:Holcomb is known for the murders of four members of the Herbert W. Clutter family, an incident which formed the basis of the Truman Capote book In Cold Blood.-Geography:Holcomb...
, Kansas. The murders were detailed in Truman Capote
Truman Capote
Truman Streckfus Persons , known as Truman Capote , was an American author, many of whose short stories, novels, plays, and nonfiction are recognized literary classics, including the novella Breakfast at Tiffany's and the true crime novel In Cold Blood , which he labeled a "nonfiction novel." At...
's "nonfiction novel" In Cold Blood
In Cold Blood
In Cold Blood is a 1966 book by Truman Capote.In Cold Blood may also refer to:* In Cold Blood , a 1967 film and 1996 miniseries, both based on the book* In Cold Blood...
.
More recently, two paroled criminals were charged with six counts of capital murder during a home invasion into the Petit family home in Cheshire, Connecticut
Cheshire, Connecticut
Cheshire is a town in New Haven County, Connecticut, United States. The population was 28,543 at the 2000 census. The center of population of Connecticut is located in Cheshire. In 2009 Cheshire was ranked 72 in Money Magazine's 100 Best Places to Live.Likewise, in 2011 Cheshire was ranked 73 in...
on July 23, 2007. During the invasion, the mother died of asphyxiation due to strangulation and the two daughters died of smoke inhalation after the suspects set the house on fire. The men were charged with first-degree sexual assault, murder of a kidnapped person, and murder of two or more people at the same time. The state attorney is seeking the death penalty against the suspects. The first defendant, Steven Hayes
Steven Hayes (criminal)
The Cheshire, Connecticut, home invasion murders occurred on July 23, 2007, when a mother and her two daughters were murdered during a home invasion in Cheshire, Connecticut. The Hartford Courant referred to the case as "possibly the most widely publicized crime in the state's history". In 2010,...
, was found guilty of 16 of 17 counts including capital murder on October 5, 2010 and on November 8, 2010 was sentenced to death. His co-defendant, Joshua Komisarjevsky, was convicted of all 17 counts against him in October, 2011. The case now has entered the penalty phase. (See Cheshire, Connecticut, home invasion murders.)
Another home invasion occurred on November 26, 2007 when Washington Redskins
Washington Redskins
The Washington Redskins are a professional American football team and members of the East Division of the National Football Conference in the National Football League . The team plays at FedExField in Landover, Maryland, while its headquarters and training facility are at Redskin Park in Ashburn,...
star Sean Taylor
Sean Taylor
Sean Michael Maurice Taylor was an American football free safety who played for the Washington Redskins of the National Football League. Taylor was drafted in the first round of the 2004 NFL Draft by the Redskins...
was murdered during an overnight home invasion of his suburban Miami home. Four defendants were charged with this crime.
Many U.S. states (particularly those that endorse the Castle Doctrine
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
) include defending oneself against forcible entry of one's home as part of their definition of justifiable homicide without any obligation to retreat.