Burglary

Burglary, also called breaking and entering (B&E)[1] or housebreaking,[2][3] is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence.

[5][4] Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub.

Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England, describes the felony of Burglary and explains the various elements of the offence.

A Methodical Summary, Sir Matthew Hale classifies Burglary and Arson as offences "against the dwelling or habitation".

In chapter 16 of the fourth book of the Commentaries on the Laws of England, Sir William Blackstone observes that Burglary "... has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation..." During the 19th Century, English politicians turned their minds to codifying English law.

Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised.

Breach of domiciliary peace is applicable only when people "unlawfully intrude or remain where others have their living quarters".

However, if the person who has forced themself into a house steals anything ("takes what belongs to another with intent to acquire it"), they are guilty of (ordinary) theft (stöld).

Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place.

Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible.

Burglary may be an element in crimes involving rape, arson, kidnapping, identity theft, or violation of civil rights; indeed, the "plumbers" of the Watergate scandal were technically burglars.

Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering a shop with the intent to steal).

Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as "home invasion".

This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses.

Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App.

A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof.

[40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or, in the third degree, a violation.

[42] The Commonwealth of Massachusetts uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony.

Burglary is a felony punishable by not more than twenty years; should the burglar enter with a dangerous weapon, they may be imprisoned for life.

[44] In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees.

[45][46][47][48] Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary.

Breaking and entering into a "storehouse" (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary.

Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary.

In the criminal code of New Hampshire, "A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.

Additionally, if any people commit any of the acts mentioned in the VA state code section 18.2–90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of VA state code section 18.2–77, 18.2–79, or 18.2–80, or if any people commit any acts mentioned in 18.2–89 or 18.2–90 with intent to commit assault and battery, shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years, or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.

Evidence from the United States suggests that burglary has declined steadily since 1980[60] which is mainly attributed to improved household security.