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Act index » Part I - Offences » Division 2 - Theft and similar or associated offences
(ii)at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.
(2)For the purpose of subsection (1)(c)(ii), it is immaterial whether or not the person knew that there was, or would be, another person present in the home.
(3)A person who commits a home invasion commits an offence and is liable to level 2 imprisonment (25 years maximum).
(4)A person may be found guilty of an offence against this section whether or not any other person is prosecuted for or found guilty of the offence.
(5)In this section— explosive, firearm, imitation explosive, imitation firearm, and offensive weapon have the same meanings as in section 77; home means any building, part of a building or other structure intended for occupation as a dwelling and includes the following—
(a)any part of commercial or industrial premises that is used as residential premises;
(b)a motel room or hotel room or other temporary accommodation provided on a commercial basis;
(d)a room provided to a person as accommodation in a residential care service, hospital or any other premises involved in the provision of health services to the person;
An offence against this section is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.