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Bill H.2001
Section 18C of Chapter 265 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by deleting the section in its entirety and replacing it with the following:-
(a)
Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another and discovers that one or more persons are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred.
(b)
Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another where one or more minors are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred. Further, any person who is found guilty of illegally entering under this section where one or more minors are present shall be punished by imprisonment in the state prison for any term not less five years.
(c)
Whoever, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise enters into the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.
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