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What is the difference between unlawfully in a dwelling house and break and enter?
Wiki User
∙ 14y ago
Home invasion is more serious in that someone enters/remains in a home with the intent to commit a felony after knowing that the home is occupied. Breaking and entering is just a standard burglary.
Wiki User
∙ 11y ago
Wiki User
∙ 14y agoIn the UK "breaking and entering" refers to even using the slightest amount of force to enter a dwelling - which includes pushing open an UNLOCKED door or window, possibly even pushing further open a partially open door or window. So to be in a dwelling house without having broken and entered you would have had to have walked through an open door or climbed through an open window or have been invited in by the occupier of the property. If you broke and entered and intended to steal anything from the property you could be prosecuted for burglary - you don't have to have taken anything - just intended to (which needs to be proved by the Prosecution).
If you were in a dwelling house without having broken and entered by going through an open door or window AND you do not have the consent of the occupier of that property to be there then the offence is trespass.
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