SPONSOR: |
Rep. Heffernan & Rep. D.E. Williams & Sen.
McDowell |
|
Reps.
Atkins, Bennett, Gilligan, Hudson, Jaques, Q. Johnson, Keeley, Lavelle,
Longhurst, Miro, Mitchell, Osienski, Schooley, Schwartzkopf, B. Short, D.
Short, Viola, Willis, Wilson; Sens. Ennis, Sokola |
HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
HOUSE BILL NO. 277 |
AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO HOME INVASION AND BURGLARY. |
Section 1. Amend
Chapter 5, Title 11 of the Delaware Code by making insertions as shown by
underlining as follows:
§ 826A. Home invasion; class B felony.
(a) A person is guilty of home invasion when the person
knowingly enters or remains unlawfully in a dwelling with intent to commit a
violent felony therein, and:
(1) The person knows:
a. that another person who is not another
participant in the crime is present in the dwelling at the time; or
b. of
circumstances which render the presence of another person who is not another
participant in the crime therein a reasonable possibility; and
(2) When, in effecting entry or when in the dwelling or in
immediate flight therefrom, the person or another participant in the crime
engages in the commission of, or attempts to commit, any of the following
felonies:
a .Robbery in any degree;
b. Assault in the first or second degree;
c. Murder in any degree;
d. Manslaughter;
e. Rape in any degree;
f. Kidnapping in any degree; and
(3)
When, in effecting entry or when in the dwelling or in immediate flight
therefrom, the person or another participant in the crime:
a.
is armed with explosives or a deadly weapon; or
b.
causes physical injury to any person who is not a participant in the crime.
Home invasion is a class B felony.
(b) (1) Notwithstanding any provision of this section
or Code to the contrary, any person convicted of home invasion shall receive a
minimum sentence of:
a.
Four years at Level V; or
b.
Six years at Level V, if the conviction is for an offense that was
committed within 5 years of the date of a previous conviction for home invasion
or burglary first or second degree or if the conviction is for an offense that
was committed within 5 years of the date of termination of all periods of
incarceration or confinement imposed pursuant to a previous conviction for home
invasion or burglary first or second degree conviction.
(2) Notwithstanding the provisions of paragraph
(1) of this subsection or any provision of this section or Code to the
contrary, any person convicted of home invasion where the other person present
in the dwelling, who is not another participant in the crime, is a person 62
years of age or older shall receive a minimum sentence of :
a.
Six years at Level V; or
b.
Eight years at Level V, if the conviction is for an offense that was
committed within 5 years of the date of a previous conviction for home invasion
or burglary first or second degree or if the conviction is for an offense that
was committed within 5 years of the date of termination of all periods of
incarceration or confinement imposed pursuant to a previous conviction for home
invasion or burglary first or second degree conviction.
Any sentence imposed pursuant to this subsection shall
not be subject to the provisions of § 4215 of this title.
(c) The sentencing provisions of subsection (b) of
this section apply to attempted home invasion as well as home invasion.
Section 2.
Amend § 921(2)b., Title 10 of the Delaware Code by making insertions as
shown by underlining as follows:
b. Any
child charged in this State with delinquency by having committed, after
reaching his or her sixteenth birthday, murder in the second degree,
manslaughter, robbery in the second degree, attempted murder (first or second
degree), home invasion, burglary in the first degree or arson in the
first degree; provided, however, that such child shall, after his first
appearance in the Court, be given a hearing as soon as practicable to determine
his amenability to the processes of the Court. The Court shall give immediate
notice of such hearing in writing to the Department of Justice and to the
child's custodian, near relative, attorney or other interested person, if
known, and then the Court shall proceed in accordance with the provisions of §
1010 of this title. The Attorney General or one of his or her deputies shall be
present at any such hearing.
Section
3. Amend § 1010(a)(3), Title 10 of the
Delaware Code by making insertions as shown by underlining as follows:
(3) The child has previously been adjudicated
delinquent of 1 or more offenses which would constitute a felony were he or she
charged as an adult under the laws of this State, and has reached his or her
sixteenth birthday and the acts which form the basis of the current allegations
constitute 1 or more of the following offenses: conspiracy first degree, rape
in the third degree, arson first degree, burglary first degree, home
invasion, §§ 4752 and 4753 of Title 16 or any attempt to commit any of the
offenses set forth in this paragraph;
Section
4. Amend § 1018(a)(4), Title 10 of the
Delaware Code by making insertions as shown by underlining and deletions as
shown by strikethrough as follows:
(4) A child
has no more than 1 adjudication of delinquency in a case where the offense or
offenses for which the child was adjudicated delinquent are designated as
violent felonies or sex offenses excepting rape first degree [§ 773 of Title
11], rape second degree [§ 772 of Title 11], arson first degree [§ 803 of Title
11], robbery first degree [§ 832 of Title 11], and burglary first degree
[§ 826 of Title 11], and home invasion [§ 826A of Title 11], provided
the petitioner has no other prior adjudication of delinquency, and provided
that the petitioner has no subsequent adjudication of delinquency or adult
conviction, and provided that the petitioner has no pending criminal charges,
and provided that more than 5 years have passed following the date the
adjudication of delinquency was entered in Family Court.
Section
5. Amend § 616(a)(2), Title 11 of the
Delaware Code by making insertions as shown by underlining as follows:
(2)
“Pattern of criminal gang activity” means the commission of attempted
commission of, conspiracy to commit, solicitation of, or conviction of 2 or
more of the following criminal offenses, provided that at least 1 of these
offenses occurred after July 1, 2003, and that the last of those offenses
occurred within 3 years after a prior offense, and provided that the offenses
were committed on separate occasions, or by 2 or more persons:
a. Assault,
as defined in § 612 or § 613 of this title.
b. Any
criminal acts causing death as defined in §§ 632--636 of this title.
c. Any
criminal acts relating to sexual offenses defined in §§ 768--780 of
this title.
d.
Any criminal offenses relating to unlawful imprisonment or
kidnapping which are defined in §§ 782--783A
of this title.
e. Any
criminal acts of arson as defined in §§ 801--803 of this title.
f.
Any criminal acts relating to burglary which are defined in §§ 824--826A
of this Title.
g.
Any criminal acts relating to robbery which are defined in §§ 831 and 832 of
this title.
h.
Any criminal acts relating to theft or extortion which are defined in § 841, §
849 or § 851 of this title, provided that such acts meet the requirements of
felony offenses under said sections.
i.
Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking
or bombs which are defined in § 1302, former § 1303 [repealed], § 1304, § 1312A
or § 1338 of this title, provided that such acts meet the requirements of
felony offenses under said sections.
j.
Any criminal acts involving deadly weapons or dangerous instruments which are
defined in § 1442, § 1444, §§ 1447--1448, § 1449, § 1450, § 1451, § 1454 or §
1455 of this title.
k.
Any criminal acts involving controlled substances which are defined by §§ 4752,
4753, 4754, 4755, 4756, 4757(c) of Title 16.
Section 6. Amend §
827, Title 11 of the Delaware Code by making insertions as shown by underlining
as follows:
A person may be convicted both of burglary or home
invasion and of the offense which it was the purpose of the person’s
unlawful entry to commit or for an attempt to commit that offense.
Section 7. Amend the
catchline to § 829, Title 11 of the Delaware Code by making insertions as shown
by underlining and deletions as shown by strikethrough as follows:
§ 829. Definitions relating to criminal trespass, and
burglary and home invasion.
Section 8. Amend §
829(i), Title 11 of the Delaware Code by making insertions as shown by
underlining as follows:
(i) A person possesses burglar tools or instruments
facilitating theft “under circumstances evincing an intent to use or knowledge
that some other person intends to use” such when the person possesses the tools
or instruments at a time and a place proximate to the commission or attempt to
commit a trespass, burglary, home invasion, or theft-related offense or
otherwise under circumstances not manifestly appropriate for what lawful uses
the tools or instruments may have.
Section 9. Amend § 4201(c), Title 11 of the Delaware
Code by making insertions as shown by underlining as follows:
(c)
The following felonies shall be designated as violent felonies:
Title 11, Section Crime
513 Conspiracy First Degree
602 Aggravated Menacing
604 Reckless Endangering First Degree
605 Abuse of a Pregnant Female in the Second Degree
606 Abuse of a Pregnant Female in the First Degree
612 Assault in the Second Degree
613 Assault in the First Degree
614 Assault on a Sports Official
615 Assault by Abuse
617 Criminal Youth Gangs
629 Vehicular Assault in the First Degree
630 Vehicular Homicide in the Second Degree
630A Vehicular Homicide in the First Degree
631 Criminally Negligent Homicide
632 Manslaughter
633 Murder by Abuse or Neglect in the Second Degree
634 Murder by Abuse or Neglect in the First Degree
635 Murder in the Second Degree
636 Murder in the First Degree
645 Promoting Suicide
768 Unlawful Sexual Contact in the Second Degree
769 Unlawful Sexual Contact in the First Degree
770 Former Unlawful Sexual Penetration in the Third
Degree or Rape in the Fourth Degree
771 Former Unlawful Sexual Penetration in the Second
Degree or Rape in the Third Degree
772 Former Unlawful Sexual Penetration in the First
Degree or Rape in the Second Degree
773 Former Unlawful Sexual Intercourse in the Third
Degree or Rape in the First Degree
774 Sexual Extortion
775 Bestiality
776 Continuous Sexual Abuse of Child
777 Dangerous Crime Against a Child
777A Sex Offender Unlawful Sexual Conduct Against a
Child
778 Sexual Abuse of a Child by a Person in a Position
of Trust,
Authority or Supervision in the First Degree
778A Sexual Abuse of a Child by a Person in a Position
of
Trust,
Authority or Supervision in the Second Degree
782 Unlawful Imprisonment in the First Degree
783 Kidnapping in the Second Degree
783A Kidnapping in the First Degree
802 Arson in the Second Degree
803 Arson in the First Degree
825 Burglary in the Second Degree
826 Burglary in the First Degree
826A Home Invasion
831 Robbery in the Second Degree
832 Robbery in the First Degree
835 Carjacking in the Second Degree
836 Carjacking in the First Degree
846 Extortion
1108 Sexual Exploitation of a Child
1109 Unlawfully Dealing in Child Pornography
1112A Sexual Solicitation of a Child
1250 Assault in the First Degree Against a
Law-Enforcement Animal
1253 Escape After Conviction
1254 Assault in a Detention Facility
1256 Promoting Prison Contraband (Deadly Weapon)
1302 Riot
1304 Hate Crimes
1312 Stalking
1338 Bombs, Incendiary Devices, Molotov Cocktails and
Explosive Devices
1339 Adulteration (Causing Injury or Death)
1353 Promoting Prostitution in the First Degree
1442 Carrying a Concealed Deadly Weapon (Firearm
Offense)
1444 Possessing a Destructive Weapon
1445 Unlawfully Dealing With a Dangerous Weapon
1447 Possessing a Deadly Weapon During the Commission
of a Felony
1447A Possessing a Firearm during the Commission of a
Felony
1448(e) Possession of a Deadly Weapon by Persons
Prohibited
(Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled
by a Violent Felon).
1455 Engaging in a Firearms Transaction on Behalf of
Another (Subsequent Offense)
1449 Wearing Body Armor During the Commission of a
Felony
1503 Racketeering
3533 Aggravated Act of Intimidation
Title 16, Section Crime
1136 Abuse/Mistreatment/Neglect of a Patient
4751 Former Manufacture/Delivery/Possession With
Intent to
Deliver a Controlled or Counterfeit Controlled
Substance, Manufacture or
Delivery Causing Death
4752 Former Manufacture/Delivery/Possession With
Intent to
Deliver a Controlled or Counterfeit Controlled
Substance
4752A Former Unlawful Delivery of a Noncontrolled
Substance
4753A Former Trafficking in Marijuana, Cocaine,
Illegal Drugs,
Methamphetamine, LSD, Designer Drugs or MDMA
4752 Drug Dealing - Aggravated Possession; Class B
Felony
4753 Drug Dealing - Aggravated Possession; Class C
Felony
4754 Drug Dealing - Aggravated Possession; Class D
Felony
4755 Aggravated Possession; Class E Felony
4756 Aggravated Possession; Class F Felony
4761 Former Distribution to Minors
4761(c) and (d)
Illegal Delivery of Prescription Drugs
4774 Delivery of Drug Paraphernalia to a Minor
Title 31, Section Crime
3913 Abuse/Neglect/Exploit/Mistreat an Infirm Adult
Any attempt to commit any
felony designated in this subsection as a violent felony shall also be
designated as a violent felony.
Section 10. Amend § 4209(e)(1)j., Title 11 of the
Delaware Code by making insertions as shown by underlining and deletions as
shown by strikethrough as follows:
j. The murder was committed
while the defendant was engaged in the commission of, or attempt to commit, or
flight after committing or attempting to commit any degree of rape, unlawful
sexual intercourse, arson, kidnapping, robbery, sodomy, or
burglary, or home invasion.
Section 11. Amend § 4214(b), Title 11 of the Delaware
Code by making insertions as shown by underlining as follows:
(b) Any person who has been
2 times convicted of a felony or an attempt to commit a felony hereinafter
specifically named, under the laws of this State, and/or any other state,
United States or any territory of the United States, and who shall thereafter
be convicted of a subsequent felony hereinafter specifically named, or an
attempt to commit such specific felony, is declared to be an habitual criminal,
and the court in which such third or subsequent conviction is had, in imposing
sentence, shall impose a life sentence upon the person so convicted unless the
subsequent felony conviction requires or allows and results in the imposition
of capital punishment. Such sentence shall not be subject to the probation or
parole provisions of Chapter 43 of this title.
Such felonies shall be:
Section Crime
803 Arson in the first degree
826 Burglary in the first degree
825 Burglary in the second degree
826A Home Invasion
636 Murder in the first degree
635 Murder in the second degree
632 Manslaughter
783 Kidnapping in the second degree
783A Kidnapping in the first degree
606 Abuse of a pregnant female in the first degree
613 Assault in the first degree
615 Assault by abuse
Former 763 Rape in the second degree
Former 764 Rape in the first degree
Former 766 Sodomy in the first degree
832 Robbery in the first degree
836 Carjacking in the first degree
Former 771 Unlawful sexual penetration in the second
degree
Former 772 Unlawful sexual penetration in the first
degree
Former 773 Sexual intercourse in the third degree
Former 774 Unlawful sexual intercourse in the second
degree
Former 775 Unlawful sexual intercourse in the first
degree
771 Rape in the third degree
772 Rape in the second degree
773 Rape in the first degree
778(1), (2) or (3)
Sexual Abuse of a Child by a Person in a Position of Trust, Authority or
Supervision in the First Degree
Title 16, Section Crime
Former 4751 Manufacture, delivery or possession with
intent to manufacture or deliver a narcotic drug
Former 4752 Manufacture, delivery or possession with
intent to manufacture or deliver nonnarcotic, controlled substance
Former 4752A Unlawful delivery or attempt to deliver
noncontrolled substance
Former 4753A Trafficking in marijuana, cocaine,
illegal drugs or methamphetamine.
4752 Drug Dealing - Aggravated Possession; Class B
Felony
4753 Drug Dealing - Aggravated Possession; Class C
Felony
4754 Drug Dealing - Aggravated Possession; Class D
Felony
4755 Aggravated Possession; Class E Felony
Notwithstanding any
provision of this title to the contrary, any sentence imposed pursuant to this
subsection shall not be subject to suspension by the court, and shall be served
in its entirety at a full custodial Level V institutional setting without
benefit of probation, parole, earned good time or any other reduction.
Section 12. Amend § 4362(a), Title 11 of the Delaware
Code by making insertions as shown by underlining as follows:
(a) When the Board of
Pardons considers for recommendation to the Governor, for pardon or commutation
of sentence, any person who has been convicted of an act causing death (subpart
B of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of
subchapter II of Chapter 5 of this title); kidnapping and related offenses
(subpart E of subchapter II of Chapter 5 of this title); arson and related
offenses (subpart A of subchapter III of Chapter 5 of this title); home
invasion; burglary in the first degree; burglary in the second degree;
robbery (subpart C of subchapter III of Chapter 5 of this title); offenses
relating to children and incompetents (subchapter V of Chapter 5 of this
title); cruelty to animals; abusing a corpse; unlawful use of an incendiary
device, bomb or other explosive device; abuse of children (Chapter 9 of Title
16); and distribution of a controlled substance to a person under age 18
([former] § 4761 of Title 16 [repealed]); or for an attempt as provided by
statute to commit any of these crimes, there shall be furnished to each member
of the Board of Pardons and to the Governor, in case recommendation for a
pardon or commutation of sentence be made, a copy of the report of the
psychiatrist and/or psychologist who have examined such person, as provided in
subsection (b) of this section.
Section 13. Amend § 6703, Title 11 of the Delaware Code
by making insertions as shown by underlining as follows:
For purposes of this
chapter, the words “violent crime” shall mean: abuse of an infirm adult; abuse
of a patient in a nursing facility; abuse of a patient causing injury; abuse of
a patient causing death; adulteration causing death; adulteration causing
injury; aggravated intimidation; arson in the first degree; arson in the second
degree; assault in the first degree; assault in the second degree; assault in
the third degree; assault in the first degree on K-9 dog causing, injury or
death to the dog; assault on a K-9 dog with risk of injury to the dog; assault
in a detention facility which causes injury; assault in a detention facility;
assault on a sports official; bestiality; home invasion; burglary in the
first degree; carjacking; carrying a concealed deadly weapon (firearm offense);
continuous sexual abuse of child; criminally negligent homicide; dealing with
child pornography, second offense; possession of a destructive weapon; reckless
endangering; escape after conviction; escape in the second degree; extortion;
possession of an explosive device; unlawful imprisonment; incest; kidnapping in
the first degree; kidnapping in the second degree; manslaughter; manufacture or
use or possession of explosives or an incendiary device; murder in the first
degree, murder in the second degree; organized crime and racketeering;
possession of a deadly weapon during the commission of a felony; possession of
a destructive weapon; possession of a firearm during the commission of a
felony; promoting prison contraband (weapon); promoting prostitution in the
first degree; racketeering; reckless endangering first degree; reckless
endangering in the second degree; riot; robbery in the first degree; robbery in
the second degree; continued sexual abuse of child; unlawful sexual contact in
the first degree; unlawful sexual contact in the second degree; unlawful sexual
contact in the third degree; sexual exploitation of a child; sexual extortion;
rape in the first degree; rape in the second degree; rape in the third degree;
rape in the fourth degree; unlawful sexual intercourse in the first degree;
unlawful sexual intercourse in the second degree; unlawful sexual intercourse
in the third degree; unlawful sexual penetration in the first degree; unlawful
sexual penetration in the second degree; unlawful sexual penetration in the
third degree; stalking; terroristic threatening; unlawful firearm transactions
(second or subsequent offense); unlawful imprisonment in the first degree;
unlawful transportation of a firearm to commit a felony; vehicular assault in
the first degree; vehicular assault in the second degree; vehicular homicide in
the first degree; vehicular homicide in the second degree; wearing body armor
during felony.
Section 14. Amend § 9401(2), Title 11 of the Delaware
Code by making insertions as shown by underlining as follows:
(2) “Crime” means an act or
omission committed by a person, whether or not competent or an adult, which, if
committed by a competent adult, is punishable by incarceration and which
violates 1 or more of the following sections of this title:
601. Offensive touching;
unclassified misdemeanor.
602. Menacing; unclassified
misdemeanor.
603. Reckless endangering in
the second degree; class A misdemeanor.
604. Reckless endangering in
the first degree; class E felony.
611. Assault in the third
degree; class A misdemeanor.
612. Assault in the second
degree; class D felony.
613. Assault in the first
degree; class C felony.
621. Terroristic
threatening.
628A. Vehicular assault in
the second degree; class B misdemeanor.
629. Vehicular assault in
the first degree; class A misdemeanor.
630. Vehicular homicide in
the second degree; class F felony; minimum sentence; juvenile offenders.
631. Criminally negligent
homicide; class E felony.
631A. Vehicular homicide in
the first degree; class E felony; minimum sentence; juvenile offenders.
632. Manslaughter; class C
felony.
635. Murder in the second
degree; class B felony.
636. Murder in the first
degree; class A felony.
645. Promoting suicide;
class F felony.
764. Indecent exposure in
the second degree; unclassified misdemeanor.
765. Indecent exposure in
the first degree; class A misdemeanor.
766. Incest; class A
misdemeanor.
767. Unlawful sexual contact
in the third degree; class A misdemeanor.
768. Unlawful sexual contact
in the second degree; class G felony.
769. Unlawful sexual contact
in the first degree; class F felony.
Former 770. Unlawful sexual
penetration in the third degree; class E felony.
Former 771. Unlawful sexual
penetration in the second degree; class D felony.
Former 772. Unlawful sexual
penetration in the first degree; separate charges; class C felony.
Former 773. Unlawful sexual
intercourse in the third degree; class C felony.
Former 774. Unlawful sexual
intercourse in the second degree; class B felony.
Former 775. Unlawful sexual
intercourse in the first degree; class A felony.
770. Rape in the fourth
degree; class C felony.
771. Rape in the third
degree; class B felony.
772. Rape in the second
degree; class B felony.
773. Rape in the first
degree; class A felony.
781. Unlawful imprisonment
in the second degree; class A misdemeanor.
782. Unlawful imprisonment
in the first degree; class G felony.
783. Kidnapping in the
second degree; class C felony.
783A. Kidnapping in the
first degree; class B felony.
785. Interference with
custody; class G felony; class A misdemeanor.
801. Arson in the third
degree; affirmative defense; class G felony.
802. Arson in the second
degree; affirmative defense; class D felony.
803. Arson in the first
degree; class C felony.
811. Criminal mischief;
felony.
823. Criminal trespass in
the first degree; class A misdemeanor.
824. Burglary in the third
degree; class F felony.
825. Burglary in the second
degree; class D felony.
826. Burglary in the first
degree; class C felony.
826A. Home invasion; class B
felony.
831. Robbery in the second
degree; class E felony.
832. Robbery in the first
degree.
835. Carjacking in the
second degree; class E felony, class D felony.
836. Carjacking in the first
degree, class C felony; class B felony.
840. Shoplifting; class G
felony; class A misdemeanor.
841. Theft; class G felony;
class A misdemeanor.
846. Extortion; class E
felony.
848. Misapplication of
property; class G felony; class A misdemeanor.
851. Receiving stolen
property; class G felony; class A misdemeanor.
854. Identity theft; class E
felony; class D felony.
861. Forgery; class F felony; class G felony;
class A misdemeanor; restitution required.
900. Issuing a bad check;
class A misdemeanor; class G felony.
903. Unlawful use of credit card; class G
felony; class A misdemeanor.
1101. Abandonment of child;
class A misdemeanor.
1102. Endangering the
welfare of a child; class A misdemeanor.
1105. Crime against a
vulnerable adult; class A misdemeanor or higher.
1108. Sexual exploitation of
a child; class B felony.
1112A. Sexual Solicitation
of a Child; class C felony.
1261. Bribing a witness;
class E felony.
1263. Tampering with a
witness; class E felony.
1263A. Interfering with
child witness.
1264. Bribing a juror; class
E felony.
1312. Aggravated harassment;
class B misdemeanor.
1312A. Stalking; class F
felony.
1339. Adulteration; class G
felony; class E felony; class A felony.
2113. Penalties for
noncompliance with conditions of recognizance; bond or conditions.
3532. Act of intimidation;
class E felony.
3533. Aggravated act of
intimidation; class D felony.
2113. Penalties for
noncompliance with conditions of recognizance; bond or conditions.
3532. Act of intimidation;
class E felony.
3533. Aggravated act of intimidation; class D felony.
SYNOPSIS
This Act creates the criminal offense of home invasion as a new and separate crime in Delaware’s criminal code. Home invasion occurs when a person enters or remains unlawfully in someone else’s home, engages in or attempts to engage in certain crimes of violence against an occupant of the home, and causes physical injury to an occupant or is armed with a deadly weapon. Home invasion is a class B felony.
This new crime is an offense in part derived from and an aggravated form of Delaware’s current burglary offenses. Thus, in order to assure consistency with the provisions of the Code that define the current burglary offenses with which one would be charged, any provision of the Code that uses the term “burglary” without further specification to define a word, phrase, sentencing aggravator or other provision of the Code that is otherwise applicable to the offense of “burglary” without further specification shall also be applicable to the offense of home invasion as defined in this Act, unless the statute defining such word, phrase, sentencing aggravator or provision or a statute directly related thereto expressly provides that the statute is not applicable to the offense of home invasion.