Most states and the Model Penal Code use the same basic definition of burglary, which is:
- An unauthorized breaking and entry
- into a building or occupied structure
- with the intent to commit a crime inside.
What is the difference between a burglary and a robbery?
- the type of crime the burglar intended to commit inside the building
- whether the burglar was armed with a weapon
- the type of building involved, and
- whether the building was occupied at the time.
What constitutes the crime of burglary?
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door.
Is burglary considered a violent crime?
Traditionally considered an offense committed against the property of another, burglary is nevertheless often regarded as a violent crime. For purposes of statistical description, both the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS) list it as a property crime.
Why is burglary considered a felony?
Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in the building, expanding the common-law definition. What is considered a violent crime in PA?
What is the modern definition of burglary?
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door.
What is burglary quizlet?
burglary. *the unlawful entering of a legally defined structure with the intent to commit a felony or theft. - an individual who without authority, knowingly enters a building or structure with the intent to commit a crime.
Which of the following is an example of burglary?
The definition of a burglary is breaking into a house or other building to commit theft or another crime. An example of burglary is someone breaking the lock on the back door of your house and stealing your television.
How was burglary originally defined?
At common law, burglary was defined by Sir Matthew Hale as: The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.
What is the difference between robbery and burglary quizlet?
what the basic difference between burglary and robbery is? burglary differs differs from robbery in that burglars are covert, seeking to remain unseen, whereas robbers confront their victims directly. burglary is a crime against property; robbery is a crime against a person.
What is a component of burglary?
Under the Code the required elements for burglary are: (1) A person entering; (2) A building, occupied structure, or separately secured portion thereof of another; and. (3) With the purpose to commit a crime therein.
What is burglary crime?
Burglary is now defined as the unlawful breaking and entry (trespass) onto another person's property with the specific intent to commit a felony crime on the victim's premises. Although the felony crime intended to be committed may be a violent offense, most often the intended felony is larceny.
Which type of burglary is the most common?
Each year, there are over 2.2 million burglaries in the US, which means that every 15 seconds, a burglary is committed. Home burglaries account for 70% of these crimes and typically spike during the summer months (July and August have the highest number of home burglaries).
What are the characteristics of burglary?
The four principal dimensions are amount of violence, degree of organization, value of the theft, and number of counts of burglary; the four supplementary characteristics cover connected offenses, unconnected offenses, attempted burglaries, and charges pending.
What is definition of attempted burglary?
(b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
What is the history of burglary?
Burglary began evolving from the common law crime almost as soon as Lord Coke defined it in 1641 as breaking and entering a dwelling of another in the night with the intent to commit a crime therein.
What is burglary policy?
Definition of burglary insurance : insurance against loss or damage resulting from or following the unlawful breaking and entering of designated premises or places of safekeeping.
Which type of burglary is the most common?
Each year, there are over 2.2 million burglaries in the US, which means that every 15 seconds, a burglary is committed. Home burglaries account for 70% of these crimes and typically spike during the summer months (July and August have the highest number of home burglaries).
What are the two legal elements that define burglary quizlet?
Burglary requires that the breaking and entering to be accompanied by a simultaneous felonies. Intent must be formed at the moment of entry.
Which of the following distinguishes a burglary from a robbery?
Which of the following distinguishes burglary and robbery? Burglars are more concerned with financial gain, whereas robbers are prepared for a violent altercation with the victim.
What is considered as theft?
Theft is the taking of another person's personal property with the intent of depriving that person of the use of their property. Also referred to as larceny. Theft is often divided into grand theft and petty theft.
Is there a difference between 'burglarize' and 'rob'?
To burglarize is "to break into and enter of a building with the intent to commit a crime, often theft," whereas rob means " to take personal prope...
Is the verb form of 'burglary', 'burgle' or 'burglarize'?
The verb form of burglary can be either burglarize or burgle. "Burglarize," like many verb forms, is made by adding the suffix -ize, and this form...
Is 'burglarized' a real word?
Yes, it is, and so is burgle. While both variants of the verb, burgle and burglarize, have been disparaged since they entered the language in the m...
What does burglary mean?
Burglary is a crime against property usually associated with stealing or vandalism in a home, business, vehicle, or other property.
What is the legal definition of burglary?
Burglary, also known as breaking and entering in some places, is a property crime where a person or persons enters a residence, commercial building...
What is the difference between a robbery and burglary?
A robbery involves taking things from a person through force or other means. A burglary is entering a property to commit a crime such as theft.
What are some examples of burglary?
Here are some examples of burglary: • Kicking in a door to a home to steal the television • Entering a jewelry store to break the cases and tak...
What is the definition of burglary?
1. In what place a burglary can be committed. It must, in general, be committed in a mansion house, actually occupied as a dwelling; but if it be left by the owner animo revertendi, though no person resides in it in his absence, it is still his mansion. Fost. 77; 3 Rawle, 207.
What is burglary in law?
burglary. n. the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft.
What is the crime of breaking and entering a building illegally?
Burglary. 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.
What is the breaking element?
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 did not constitute breaking. If one gained access through an open door or window, burglary was not committed.
What is the crime of entering a building or part of a building or inhabited vehicle or vessel as a
burglary. in English criminal law, the crime of entering any building or part of a building or inhabited vehicle or vessel as a trespasser with the intent to steal or rape or commit grievous bodily harm or do unlawful damage.
What is the act of entry in a burglary?
Entry In the course of a burglary, entry is the act that follows the breaking. Literally, it occurs when there is physical intrusion into another's dwelling or building by any part of the intruder's body. A momentary intrusion will suffice.
Is intent to commit a felony a trespass?
An intent to commit a felony is no longer required for all grades of the offense . In some states an intent to commit any crime will suffice. Many states have retained the felony requirement for higher grades of the offense. Absent this intent element, a breaking and entry might be a trespass, but not be a burglary.
What is a burglary?
Burglary is a crime defined as unlawful entry into a building or structure with the intent to commit a crime. Physically breaking and entering is not a requirement for a person to be charged with burglary. The offender only has to enter a structure, even if it is through an open door, with the intent of stealing something or causing harm ...
What is residential burglary?
Burglary involving an offender entering a home or living space is considered “residential burglary.”. Entering a store, shop, office building, or other structure used for business purposes with the intent to steal something, or to commit another type of felony, is considered “commercial burglary.”. Many people are surprised to learn ...
How many percent of burglars use force?
Being aware of the circumstances of burglary may help homeowners protect themselves from becoming victims. In over 60 percent of burglaries the offender uses force to gain access. More than 30 percent of burglars enter a home through an unlocked door, window, or other access point without using force.
What is a third degree burglary?
Third Degree Burglary. Entering any structure, whether residential or commercial, with the intent to commit any crime other than theft, violence, or arson, may be considered third degree burglary. Third degree burglary is a felony charge in many jurisdictions.
What percentage of burglars cut telephone wires?
More than 33 percent of offenders enter the structure through the front door. More than 25 percent of burglars cut telephone and alarm wires before entering a home. The average loss per burglary is over $2,000 as of 2014.
Why is Helen charged with burglary?
Helen may be charged with burglary because she entered the store with the intent to obtain an item without paying its full price.
How many degrees of burglary are there?
Degrees of Burglary. When all of the elements of burglary are in place, most states categorize the crime by the seriousness of the offense. There are four main degrees of burglary:
What is a burglary?
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny ). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear ...
What is burglary in the common law?
For instance, under the common law definition of burglary, the crime had to take place in the dwelling house of another at night. Most states have subsequently broadened the definition of burglary to include businesses and illegal entries during the day.
Why are there burglary laws?
Burglary laws developed to safeguard people's homes and to prevent violence, not to protect against theft. Other laws criminalize the taking of property; instead, burglary laws are meant to preserve the sanctity of a dwelling and to shield residents from harmful encounters with burglars in their house.
What are the elements of a burglary?
Most states and the Model Penal Code use the same basic definition of burglary, which is: An unauthorized breaking and entry. into a building or occupied structure.
What is the second degree burglary?
If the person broke into a building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree. Many other factors may affect the degree or seriousness of a burglary, so it's important to check the specific laws of your state.
What is unauthorized breaking and entry?
An unauthorized breaking and entry. into a building or occupied structure. with the intent to commit a crime inside. All of those elements must be present in order to convict a defendant of burglary, so it's important to examine each of them a little more closely.
What is the breaking in of a door?
The breaking-in can occur in two ways: actual and constructive. Actual breaking involves physical force: picking a lock or kicking a door in, for example. It could even be a very slight use of force, such as pushing open a door that's been left ajar.
What is Burglary?
Local crime news reports often discuss the burglaries occurring in the area. Burglary, sometimes referred to as breaking and entering, is the crime of entering a residential or commercial building or vehicle to commit theft or another crime. Each state may use different terms such as burglary of a motor vehicle or habitation to classify the crimes.
Burglary Examples
There are many examples of burglaries to give you an idea of how varied the crime can be:
Degrees of Burglary
Degrees, or levels, of burglary are classifications in the law to document the differences and seriousness of the crime being committed. Some degrees are decided based on the intent of the criminal when they entered the property.
What is the difference between robbery and burglary?
Burglary and robbery are easy to confuse because often they both include elements of theft (also called larceny ). Theft is when someone takes property that doesn’t belong to them without the owner’s permission. Robbery occurs when someone takes something from another person through the use of force or threats.
What are some examples of robberies?
Examples of robberies include taking money from someone who stopped at an ATM or threatening a store clerk so they give up money from a cash register. Burglary, on the other hand, is when someone enters a building or property that doesn’t belong to them with the intent to commit a crime, whether theft or something else.
What is aggravated assault?
Aggravated assault. Aggravated assault typically indicates a more serious level of harm that could occur if the assaulter follows through with physical violence. Examples of aggravated assault include assault with a weapon and sexual assault with intent to rape.
What are some examples of misdemeanors?
Misdemeanors are punishable by incarceration for one year or less. Examples of misdemeanors include trespassing, vandalism, assault and disorderly conduct.
What is the difference between voluntary and involuntary manslaughter?
Manslaughter is the unplanned or unintentional killing of another person . Voluntary manslaughter includes situations of extreme emotional provocation, such as in “crimes of passion.” Involuntary manslaughter is when someone unintentionally kills another through recklessness or negligence, such as running a red light and causing a fatal accident.
What is criminal fraud?
Criminal fraud is the deception of others for personal gain. There are many types of fraud, such as identity theft and insurance fraud, but fraud can also occur in more ordinary circumstances, such as selling a piece of equipment without disclosing that it doesn’t work properly.
What is it called when someone sets fire to a property in order to damage or destroy it?
Arson is when someone purposefully sets fire to a property in order to damage or destroy it. There are differing degrees of arson depending on whether or not the property was occupied at the time of the fire. While not common, some accidental fires caused by gross negligence can be charged as arson as well.
What is the crime of burglary?
A person commits burglary by entering into a building without permission with the intent to commit a crime inside. The intended crime is most often theft, but it may be some other crime, such as sexual assault or arson. For example, a person who goes into a restaurant in order to rob the patrons has committed burglary. Some burglaries, such as armed burglaries and burglaries of people's homes (also called home invasion burglaries) are often punished more severely than other burglaries.
What is burglary law?
Burglary laws are intended to protect the sanctity and privacy of people's homes and other structures. Laws against larceny protect personal property. For more information on the distinction between burglary and theft, see Differences Between Theft, Burglary and Robbery. Read more about how it is indeed possible to be charged with the crime ...
How to convict someone of burglary?
In order to convict a person of burglary, the prosecution must prove that the defendant entered the building with the intent to commit a crime inside. Oftentimes the circumstances of the entry are such that a jury or judge can reach this conclusion.
What does it mean to break and enter a building?
Breaking and entering means using even the smallest amount of force to enter a building or room. For example, you can commit a burglary even if the only force you use to enter a building is pushing open a door.
What is considered theft?
Theft usually involves money or physical objects that can be moved and sold, like jewelry, credit cards, firearms, and electronics. Permission. Taking an object with the owner's permission is not theft, unless you use deceit or trickery to try to convince the owner to allow you to have control over the item.
What is intended crime?
The intended crime is most often theft, but it may be some other crime, such as sexual assault or arson. For example, a person who goes into a restaurant in order to rob the patrons has committed burglary.
Is burglary a felony?
Punishment. Burglary is usually a felony, punishable by time in state prison. Prison sentences for burglary vary based on the circumstances of the offense.
Definition of Burglary
- Noun 1. Entry into a building or structure without permission from the owner with the intent to commit a crime. Origin Early 16th century: from French burglarie
Residential Burglary vs. Commercial Burglary
- Burglary involving an offender entering a home or living space is considered “residential burglary.” Entering a store, shop, office building, or other structure used for business purposes with the intent to steal something, or to commit another type of felony, is considered “commercial burglary.” Many people are surprised to learn that scraping price tags off merchandise, removin…
Elements of Burglary
- Each state has specific definitions of what constitutes burglary, their statutes defining certain elements of burglary that must be in place for an individual to be charged with the crime. Such elements generally include: (1) unauthorized entry, (2) into a structure, (3) with intent to commit a crime.
Degrees of Burglary
- When all of the elements of burglary are in place, most states categorize the crime by the seriousness of the offense. There are four main degrees of burglary:
Differences Between Theft, Burglary, and Robbery
- While these terms may be used interchangeably by some laypeople, there are subtle differences between them in the eyes of the law. 1. Theft– Also known as “larceny,” theft is the act of taking someone else’s property without their consent. The offender is generally required to have the intention of depriving the rightful owner of the property permanently. 2. Robbery– The act of taki…
Sentencing For Burglary
- When a jury or judge returns a burglary conviction, the sentencing phase begins. A number of things are considered in sentencing for burglary, including: 1. Severity of the crime 2. Value of property stolen 3. Previous criminal history 4. Whether violence was involved Each jurisdictionhas statutes outlining sentencing parameters for specific crimes, and the judge or jury can order an…
Real-Life Examples of Burglary
- John forces Bob’s garage door open and enters with the intent of stealing Bob’s motorcycle. Upon entering the garage, John sees the motorcycle is gone, so he returns home empty handed. Even though...
- Jim enters Joe’s house with the intent of stealing his new television. When Jim arrives at the house he finds the garage door unlocked, enters the home, and takes the TV. When Joe com…
- John forces Bob’s garage door open and enters with the intent of stealing Bob’s motorcycle. Upon entering the garage, John sees the motorcycle is gone, so he returns home empty handed. Even though...
- Jim enters Joe’s house with the intent of stealing his new television. When Jim arrives at the house he finds the garage door unlocked, enters the home, and takes the TV. When Joe comes home, he ca...
- Helen enters a store through the front door, uses a small pair of scissors to scrape the price tag off an item, and replaces the sticker with one showing lower price. Helen then pays for the item a...
Burglary Statistics
- The United States leads the world in the number of burglaries that take place, a burglary being committed about once every 15 seconds. Being aware of the circumstances of burglary may help homeowners protect themselves from becoming victims. 1. In over 60 percent of burglaries the offender uses force to gain access. 2. More than 30 percent of burglars enter a home through a…
Protection Against Burglary
- Though burglary statistics are alarming, homeowners can take steps to protect themselves from becoming victims of burglary. 1. Make the home harder to enter by closing and locking all doors, even when the household members are home. 2. Ensure all windows are locked and cannot be opened more than six inches. 3. Trim back bushes and trees that block the view of the home. Th…
Related Legal Terms and Issues
- Defendant– a person who has been accused of a crime, or person taken to court by another person or entity in a civil suit.
- Felony– a crime involving violence or theft that is punishable by one year in jail or more.
- Forcibly – using force or violence to gain entry into a structure or to take something from its rightful owner.
- Defendant– a person who has been accused of a crime, or person taken to court by another person or entity in a civil suit.
- Felony– a crime involving violence or theft that is punishable by one year in jail or more.
- Forcibly – using force or violence to gain entry into a structure or to take something from its rightful owner.
- Intent – resolved or determined to do something on purpose.