The criminal offense of breaking and entering a building illegally for the purpose of committing a crime.
Burglary, as defined by Gerald N. Hill and Kathleen T. Hill, is the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. Originally under English Common Law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle.
Elements of the Offense
Trespass -The Trespasselement of the offense signifies that it must occur without the consent of the victim. If the thief gains entry by misrepresenting his or her identity, the element of trespass is satisfied, as there is no consent to entry.
Breaking Breaking consists of creating an opening for entry into the building. It can be accomplished by removing an object that is blocking an entry or by blasting open a wall. The use of force is not required. The breaking element is satisfied if access is obtained by opening a closed door or window, regardless of whether these are locked.
At common law, entering through a preexisting opening did not constitute breaking. If one gained access through an open door or window, burglary was not committed. The same rule applied when a door or window was partially open even though it was necessary to open it further in order to enter. The rationale under-lying this rule was that one who failed to secure his or her dwelling was not entitled to the protection of the law. A majority of states no longer follow this rule and consider breaking to be the slightest application of force to gain entry through a partially accessible opening.
When entry is gained by a Misrepresentationof identity or by any other trick, it is called constructive breaking, which satisfies the breaking requirement of burglary. On the other hand, if a person, such as a servant, has authority to enter, there is no breaking unless he or she breaks into and enters an unauthorized area.
Entry In the course of a burglary, entry is the act that follows the breaking. Literally, it occurs when there is physical intrusion into another's dwelling or building by any part of the intruder's body. A momentary intrusion will suffice. When a thief kicks open a window to gain access to a dwelling, the momentary insertion of the foot constitutes an entry. An entry may be constructive. In other words, it is not always required that the thief enter the dwelling. If he or she directs another person not legally capable of committing the offense, such as a child, to enter, then the entry is imputed to the thief.
Dwelling At common law, the entry had to be into the dwelling of another to constitute the offense. A dwelling was defined as a house or mansion where one normally sleeps, although it was not necessary that it be occupied at the time of entry. Structures and premises immediately surrounding the dwelling, such as an outhouse or a yard, were also protected since they were considered part of the dwelling.
A dwelling had to be a place of human habitation and occupancy. A storehouse protected by a nightwatchman was not a dwelling even if he occasionally slept in it. If, however, it was within the immediate surroundings of a dwelling, it would be treated as a dwelling for purposes of burglary.
Today, most jurisdictions have expanded the common-law requirement that the offense take place in a dwelling. There is no jurisdiction that retains this requirement for all degrees of burglary. Under modern statutes, the offense can occur in any enclosed structure, regardless of whether it is used for habitation.
Intent Under the common law, an intent to commit a felony at the time of breaking and entering into the dwelling was an essential element of burglary. Since Larcenywas a felony at common law, an intent to commit a larceny would suffice.
Statutes vary from one jurisdiction to another. An intent to commit a felony is no longer required for all grades of the offense. In some states an intent to commit any crime will suffice. Many states have retained the felony requirement for higher grades of the offense. Absent this intent element, a breaking and entry might be a trespass, but not be a burglary.
If a defense to the underlying crime or felony is sufficiently established, there can be no conviction for burglary. For example, if a person charged with burglary is accused of larceny and has a sufficient defense to the larceny charge, then there is no burglary.
Disclaimer:
This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.
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Breaking and entering is a crime involving unlawfully entering a building or structure with the intent to commit theft or another criminal act. It is commonly charged as burglary and is a serious offense that can result in criminal charges and penalties including fines and imprisonment. Various factors influence the severity of the crime and potential consequences, such as whether the building was occupied at the time of entry and the presence of aggravating circumstances.
Commercial burglary is generally considered worse than petty theft because it involves unlawfully entering a building with the intent to commit a crime, which can lead to more serious consequences and potentially cause greater harm to the business and its employees. Petty theft, while still a crime, typically involves stealing items of lower value and does not involve breaking and entering.
Breaking a law is typically referred to as committing a crime or an offense.
The nine common-law felonies were: murder, robbery, manslaughter, rape, sodomy, larceny, arson, mayhem and burglary. A great way of remembering these is to use the pnemonic device:"MR [and] MRS LAMB."
Macavity is breaking the law of theft due to his reputation as a notorious cat burglar in the poem "Macavity: The Mystery Cat" by T.S. Eliot.
The penalties for a 17-year-old caught robbing a house can vary depending on the jurisdiction and other factors. It could include charges of burglary, theft, or breaking and entering, which may result in fines, probation, community service, or even juvenile detention. It's important to seek legal counsel in such situations to understand the specific consequences.
Breaking and entering is not burglary when nothing is actually stolen. If someone breaks a window, enters the house, walks for 5 seconds, then leaves the way they came, that's not burglary. However, it IS breaking and entering.
Some synonyms for break-in include intrude, trespass, and infiltrate.
breaking and entering or burglary of a habitat, that's if you didn't take anything
The unlawful breaking and entering, or the unlawful entering without breaking, of a premise with the intent to commit a criminal act therein.
"BREAKING AND ENTERING" is another way to describe a Burglary in legal terms. There can be degrees of burglary but generally speaking Burglary is considered to be a felony offense and is a serious crime.
The unlawful breaking and entering, or the unlawful entering without breaking, of an UNOCCUPIED premise with the intent to commit a criminal act therein.
It is usually called burglary- breaking and entering with the intent to commit a crime at that place- and yes, it Is a felony.
Unsure exactly what it is that is being asked - HOWEVER - the ELEMENTS of BURGLARY are "Entering a premise by breaking, or without breaking, with the intent to steal property of value from within."
By "entering by breaking, or entering without breaking, the residence, business, premises, or property of another with the intent to commit a crime therein or thereon."
The name of the offence differs from one country to the next.In the UK breaking and entry is named burglary.
Minimum of 10 years depending the property & items stolen
The suspects were caught in the act of committing burglary at the jewelry store last night.