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).

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.

  1. Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats. Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.
  2. Entering can involve either physical entry by a person, or the insertion of an instrument to remove property. Insertion of a tool to gain entry may not constitute entering by itself. Note that there must be a breaking and an entering for common law burglary. Breaking without entry or entry without breaking is not sufficient for common law burglary.
  3. Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking". 
  4. House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation
  5. Night time is defined as hours between half an hour after sunset and half an hour before sunrise
  6. Typically this element is expressed as the intent to commit a felony “therein”. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises. The situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony at the time he broke and entered.

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