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What is burglary?
The elements of burglary do vary quite a bit from state to state. Burglary was traditionally defined as breaking and entering into the
dwelling of another at nighttime with the intent to commit a felony. In
many states this has been expanded to include entry into any form of
building or structure or into any building, vehicle, or vessel used as
a residence, at any time of day or night, with the intent to commit a theft, or another crime. In some states, the crime is complete the moment a person crosses the threshold of the building with the intent to commit a crime. Therefore, it may be a defense to burglary that the thief entered a store to shop but only decided to steal something once inside. If the thief brought an extra bag into the store or had an overcoat outfitted with hooks or extra pockets in the lining to store stolen merchandise, that intent to steal will be easier to prove.
The details of this definition vary from state to state. In some states
burglary can only be committed in a dwelling, while in others it can be
committed in a business premise, like a store or a warehouse. In some
states there must be an intent to commit a felony, while in others the
intent to commit any theft or other crime is enough. In most states, theft is only a
felony if the value of goods stolen is over a certain amount. So
someone entering a house to steal a jar of change valued at $40 might
not have committed burglary in some states, only theft. In other states, entering a store and stealing $1.98 worth of goods results in two crimes being committed: a misdemeanor theft and a felony burglary."Breaking and Entry," another term for burglary, must
involve some sort of force; however, depending on the state, this can
be defined loosely, as in the force required to open an unlocked door,
or entering by means of fraud, as in telling the person in a locked
hotel room that it is room service at the door, when it is not. Many states have eliminated any requirement for breaking or force used in entry.
(Reviewed 12-08)
(Reviewed 11.5.08) |
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