Does a person have to enter into a dwelling to commit burglary?

What robbery of a dwelling?

No. Although the terms are used inter-changeably by most of the public - the crime of Robbery is a crime against a person. What the questioner describes is Burglary, which is a crime against property - UNLESS the home is occupied at the time of the break-in, THEN it becomes Robbery.

What happens to a person if they break an entry?

"Break and Enter" 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.

If you unlawfully enter a structure to commit a felony you have probably committed the crime of?

The offense of BURGLARY is the first that comes to mind, although there could potentially be other criminal charges which might arise.

What is the difference between unlawfully in a dwelling house and break and enter?

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.

Burglary Law - Breaking & Entering ?

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 OffenseTrespass -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.[video=]

What type of crime is a burglary?

Burglary is the felony of breaking into and entering the house of another at night with intent to steal, extended by statute to cover the breaking into and entering of any of various buildings, by night or day. The criminal statutes concerning burglary differ somewhat from state to state. In some states remaining in a building or house without permission to commit a crime is also a burglary. In that situation, the entry can be legal and turns into a burglary if a crime is committed later. This covers the situation where a person stays in a store until after it closes and then steals items or commits some other crime. Burglary is the unlawful entrance to someones property and the removal of items not theirs, without permission of the owner. In some jurisdictions, that is different from breaking and entering, since in breaking and entering as defined in those jurisdictions, no other crime is committed. Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary.

What is considered trespassing?

Trespassing is the act of knowingly and willingly entering a property or structure where it is generally prohibited by the public to enter, or that a property owner or representative has expressly forbidden anyone to enter, but without intent to commit another crime (this would be considered burglary in this case). If the owner or someone in control of property has forbidden a person from entering such property and the same person knowingly and willingly enters such property then the crime is considered traspassing with warning.

What happens to teen if was there for burglary but did not enter house?

The teen will still be arrested as an accessory to the crime.

Virginia Criminal Code Unlawful Entry?

VA doesn't seem to have a specific charge called "unlawful entry," although that may be the everyday term that police and prosecutors use to collectively describe one of several other crimes that VA has on the books related to the illegal entry of buildings.Some of those crimes are actually more serious than breaking and entering and some are less.Unlawful entry is the statutory crime of entering onto someone else's property without their consent by fraud or force. Unlawful entry is broader than, and is separate from, the crime of burglary which requires the breaking and entry of the dwelling of another with felonious intent.Statutes prohibiting unlawful entry were passed to protect the public from acts not defined under burglary."VA Code § 18.2-92 defines the crime of breaking and entering as follows:"If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

How many fouls does a team need to commit in order to enter the bonus in a basketball game?

A team needs to commit 7 fouls in a half to enter the bonus in a basketball game.

How do you enter Megaman 2 passwords?

you must commit seppuku

Is stepping into and sitting down in an unregistered john boat considered burglary of a conveyance?

"Un-registered" or not, it is the property of someone. If you enter a boat that does not belong to you, that is trespassing, not burglary. If you enter a boat that does not belong to you and you and then unmoor it, sail it, row it, or drive it away from its dock, no matter how far, that would be theft. If you remove something of value from the boat, that would be burglary. If you set fire to it, that would be arson. So you see, you have many legal options.