Burglary - Elements Of The Offense, Degrees Of The Offense
entering law breaking crime
The criminal offense of breaking and entering a building illegally for the purpose of committing a crime.
Burglary, at COMMON LAW, was the trespassory breaking and entering of the dwelling of another at night with an intent to commit a felony therein. It is an offense against possession and habitation. The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive.
FURTHER READINGS
Cromwell, Paul F., and James N. Olson. 2003. Breaking and Entering: Burglars and Burglary. St. Paul, Minn.: Wadsworth.
Thomas, D.A. 2003. "Domestic burglary—Sentencing Guidelines." Criminal Law Review (March): 209-214.
Additional Topics
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 di…
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