In talking about the young man arrested for the beating of the elderly woman earlier this week, TV stations are saying he may be charged with "home invasion." Can you be charged with "home invasion"? Or, is this a media term?

Whatever it is, he needs to be charged double for attacking an elderly woman.

Here's wikipedia's entry. Another website compared home invasion to carjackings as burglaries are to stolen autos.

Wikipedia says that it was first used by the media; but it appears that this term is used in law enforcement maybe as an intial crime (home invasion) which usually results in other crimes occuring: "assault, robbery, or rape."

Whatever the term, it is a more disruptive and violent type of crime that needs to be prosecuted to the fullest.

Agreed on the prosecution. But media labels don't help. The public needs to know *what* someone is or can be actually charged with. Thus, if the charge isn't serious enough, we know to lobby the Legislature for stronger laws. And this ties directly into the discussion of how crimes are charged and logged.

Being willing to discuss media sensationalism, or lack of clarity, in no way takes away from the seriousness of a crime. In fact, quite the opposite.

(Donna wrote this; not Todd)

No doubt! There certainly wasn't a clear legal definition for "home invasion" that I found. And, if it is a crime you can be charged with then the term has been coop-ed by certain people as a means of protecting their family values. Thus, why the term “home invasion” is ambiguous. It is a recent term and may be law in some areas. Good topic and we should push for stronger (or clearer) laws in this case. Even though it is "breaking and entering with intent to harm" it is a good term to sum up to brutality of being a victim in your own home.

To me this is one of the scariest situations there is because you don't know if it will result in just robbery, or if it will escalate into assault, rape and murder.

Whenever I hear the term "home invasion", it makes me think of people busting into a house and start shooting. But if someone comes in and burglarizes your home, that could, too, be loosely interpreted as a home invasion. After all, thieves are coming into your home to take things that don't belong to them.

But you are right about the media labeling. Isn't carjacking a media-made label, too?

This from Massad Ayoob,
"Home invasion is the forcible entry of an occupied home by presumably violent and usually armed criminals. In some statutes, it is described as "violent and tumultuous entry." Given that occupants are present, the criminal justice system sees it as a much more serious crime than burglary, which occurs in an unoccupied place and is a crime against property rather than life and limb"
Time to dig into the MS Codes

So, is it when someone violently enters as in kicking down the door or throwing a brick through a window, etc. as opposed to coming in through an open window or unlocked door? Or, must the intent to harm also be part of the crime? Thanks for educating me!

"forcible entry" is coming in uninvited, no matter how much physical effort is needed.

So if I understand right: "Home invasion" can be breaking and entering, or burglary, when a person is present? Because the way it's represented in the media, you'd think every case was twelve guys (inevitably black) dressed up like SWAT ninjas who rush in and shoot everybody up. Not that this doesn't happen sometimes, but people have been robbing houses with the owner(s) present for as long as there have been houses.

I think "home invasion" as a term is probably too sensationalistic for most cases, and in cases that amount to home robbery, a different term--maybe home robbery--should be used. Otherwise you have half the city thinking roving bands of bizarro universe SWAT teams are going around storming houses, which isn't really all that realistic.

It may sound semantic, and it basically is, but folks should remember their George Orwell: One can do a lot of damage with language.


Cheers,

TH

I thought "home invasion" was a term coined more for it's soundbite appeal than a legal definition or offense. But I don't mind it being used. I mean, if a person illegally and forceably enters my property without my permission, it may not be an act of war, but I will do my best to respond with overwhelming force. Bring the body bags.

The problem is if they make it sound like you can be *charged* with home invasion.