Unfortunately, this is a common misconception and is not a defense to the crime of burglary. Almost all states, including New Jersey, have eliminated the requirements that you break and enter into another person’s home at night to be convicted of burglary. Under current law, entering or remaining in any structure without permission, and with the intent to commit any other criminal offense, will be sufficient for the prosecution to convict you of burglary. In fact, the current statute specifically references structures such as research facilities and public utilities, and the interpretation of what constitutes a structure is extremely broad.