First degree home invasion requires the prosecutor to prove beyond a reasonable doubt that the accused used some force to break into a dwelling or entered the dwelling without permission; that the accused intended to commit a specific felony when breaking or entering the dwelling and, in fact, committed the specified crime; and at the time the accused entered the dwelling, either another person was lawfully present in the dwelling, or the accused was armed with a dangerous weapon.
Second degree home invasion is considered a “lesser offense” crime and consists of the following elements: the accused either broke into a dwelling using some force, or entered a dwelling without permission with any part of his or her body; that when the accused did so enter he or she intended to commit and did commit a specific felony.
Third degree home invasion requires the prosecutor to prove that the accused either broke or entered a dwelling without permission with the intent to commit a misdemeanor, and that the person did commit the misdemeanor. One of the most common specific misdemeanors committed in a third degree home invasion is the violation of a personal protection order or injunction.
There is also a specific form of home invasion known as entering without breaking where the accused enters a dwelling with any part of the body, without the use of any force whatsoever -say the front door was open, for example- with the intent to commit a misdemeanor.
In each of these crimes, the elements of the crime [felony or misdemeanor] the accused is alleged to have committed should also be provided in the form of jury instructions to a jury, if there is a trial in such a case. This means that the defendant may have certain specific defenses relating to the completion of the collateral crime.