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Elements Of The Offense, Degrees Of The Offense

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.


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.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Bryan Treaties (Bryan Arbitration Treaties) to James Earl Carter Jr. - Further Readings