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Burglary

Origins Of The Offense, Modern Statutory Scheme, Current Trends In America, Bibliography

Burglary is a criminal offense that may be generally described as the unauthorized entry of a dwelling (or another delineated building) with the intent to commit a crime therein. Every jurisdiction has its own precise statutory definition of the crime of burglary, with corresponding case law to carve out the limits and meanings of that particular definition. One will immediately notice that the crime of burglary is not dependent upon the success of the unauthorized entrant intending to commit a crime. The mere intent to commit a crime (when added to the other elements) is sufficient to constitute violation of a burglary statute. This is not to be confused with larceny, which involves the actual taking of property. The entry may occur by the use of force, such as breaking a door or window, or may occur by simply walking through an open doorway, as long as the person entering has no right to be present.

CHARLES H. WHITEBREAD

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Law Library - American Law and Legal InformationCrime and Criminal Law