Posted On:
August 26, 2008
Burglary of "Employees Only" Room
QUESTION:
Can a defendant be charged with burglary of an “occupied” structure as opposed to “unoccupied” if they were lawfully in an open store which was also occupied by a store clerk and patrons but subsequently went into an “employees only” room and stole a certain amount of money?
ANSWER:
The answer to this question depends on whether or not the “employees only” room was occupied by either store employees or even civilians. There exists a difference between the public store and the private “employees only” room. The later should be seen as a separate structure and subject to a different set of rules than the public structure.
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