Breaking and entering is the crime of entering a residence or other enclosed property without authorization. It is not necessary to physically force oneself onto the property, if the entry was not authorized. If there is intent to commit a crime then the charge becomes burglary. If not, it can be considered illegal trespass, which is a misdemeanor.
Criminal (illegal) trespass is entering another person’s property without permission of the owner or his/her agent and without lawful authority, for an illegal purpose. The crime of trespass is a lesser included offense of burglary. Therefore, if someone is convicted of burglary, they cannot be convicted of trespass as well. Trespass can also be a civil wrong when the trespasser enters the property unlawfully and causes any type of damage. Damage can be any interference with the owner’s, or legal tenant’s use of the property.
The legal statutes regarding burglary vary from state to state, especially with respect to the specific definition of burglary, as well as the potential punishment upon conviction. Some states make a distinction for differing degrees of burglary.
To consult State Legislation regarding burglary laws and regulations please see the Criminal Code by State page. Visit Us at Google+ Copyright HG.org
Burglary Law – US
- Burglary - Definition
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 offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary.
- Burglary - Overview
Explanations of the elements of the offense such as: trespass, breaking, entry, etc...
- Burglary and Criminal Trespass Law
A person is guilty of criminal trespass if he knowingly enters or remains unlawfully in a dwelling or premises, or if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. A person commits criminal trespass who, knowing he does not have the owner’s effective consent to do so, enters or remains on property, or a portion thereof. Laws vary by state, so local laws must be consulted to determine applicable requirements. It is a defense to the crime to show that an element of the crime, such as knowingly entering or remaining without authorization, is lacking. An attempted criminal trespass requires that a defendant act with the intent to commit criminal trespass, and his conduct must constitute a substantial step toward committing the aggravated criminal trespass.
- Burglary and Related Offenses - New York Penal Code
- Florida Statutes Title XLVI - Crimes, Chapter 810 - Burglary and Trespass
- Title 18, Chapter 103 - Robbery and Burglary
Burglary Law - Europe
- Reducing Burglary Initiative - Europe
Grants were distributed to Crime and Disorder Reduction Partnerships, on the basis of competitive-bidding, in areas suffering from a high burglary rate, to implement proposals for reducing burglary based on a sound analysis of the local burglary problem.
- Safe and Secure Homes - Europe - Burglary
Safe and Secure Homes was established in Mansfield as a response to the need to address the Government’s target of reducing domestic burglary by 25% between 199 – 2005. To address this the project aims to: * Encourage multi-agency partnerships that would reduce domestic burglary and the fear of it in the five most deprived areas in Mansfield * To link this with programmes such as energy efficiency and fire protection * Target employment and training opportunities within the programme to unemployed residents within the target areas.
- Theft Act 1968 (c. 60) - Burglary - UK
A person is guilty of burglary if— 1 (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm. . . therein, and of doing unlawful damage to the building or anything therein.
- UK Powers of Criminal Courts (Sentencing) Act 2000 - Burglary
Burglary Law - International
- Australia - Criminal Code Act 1995, 132.4 - Burglary
(1) A person is guilty of an offence if: (a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and (b) the property belongs to a Commonwealth entity.
- Criminal Code of Canada - Section 348 - Breaking and Entering
Law regulating breaking and entering with intent, committing offense or breaking out.
Organizations Related to Burglary Law
- Office for Victims of Crime (OVC)
The Office for Victims of Crime (OVC) was established by the 1984 Victims of Crime Act (VOCA) to oversee diverse programs that benefit victims of crime. OVC provides substantial funding to state victim assistance and compensation programs-the lifeline services that help victims to heal.
- US Department of Justice - FBI - Uniform Crime Reporting (UCR) Program - Burglary
The Uniform Crime Reporting (UCR) Program defines burglary as the unlawful entry of a structure to commit a felony or theft. To classify an offense as a burglary, the use of force to gain entry need not have occurred. The Program has three subclassifications for burglary: forcible entry, unlawful entry where no force is used, and attempted forcible entry. The UCR definition of "structure" includes, for example, apartment, barn, house trailer or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, and vessel (i.e., ship).
Publications Related to Burglary Law
Articles on HG.org Related to Burglary Law
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces DeportationIn 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- First Degree Residential Burglary is a Crime of Violence Under Immigration LawsIn 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).
- Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”
- What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.
- Opening a Garage Door with a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed BurglaryOur offense has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other person. The caller asks us what we can do or they should do to prevent the other party from burglarizing their home, where they are no longer welcome.
- Overview of Misdemeanor Charges in Las VegasMisdemeanor Charges - A misdemeanor is an offense that the criminal justice system considers less serious than a felony. The offense is normally punishable by fines up to $1,000 and imprisonment for up to six months. Felony offenses are punishable by a year or more in prison. Misdemeanor sentences are typically served in a local jail.
- Five Men Charged with Armed Robbery in Newport BeachThe consequences of armed robbery in the state of California can be severe. Much of the penalties are determined on whether or not it was first degree robbery or a second degree robbery. If the suspect was carrying a dangerous weapon that obviously worsens the verdict.
- Judge Makes Mistake in Sex Offender Registration after Sentencing for Felony Child EndangermentDefendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.
- The Rise of Auto Theft in DenverIt may surprise you to learn that a person living in Colorado is twice as likely to have their car stolen as a person living in New York City. According to the Colorado State Patrol, Denver has five thefts per 1,000 cars and a surprisingly large number of those thefts are carried out for the purpose of committing more serious crimes.
- Understanding Gun Laws in Your StateDo you know the laws regarding weapons in the state of Texas? Ignorance can cause unintended criminal charges regarding purchase, possession, and concealed/unconcealed carry. To prevent a mistake such as this, be sure to educate yourself on the laws regarding each of these areas, as well as what legal action you can take if you are faced with false weapons charges.
- All Criminal Law Articles
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