Breaking is defined as the entering of a building through force without authorization. The slightest force, including pushing open a door, is all that is necessary. Breaking also includes entering a building through fraud, threats, or collusion. To constitute entering, it is sufficient if any part of the accused’s body is introduced within a building. It is not considered breaking and entering if the premises are at the time open to the public or the person is licensed or privileged to enter.
The specific laws regarding breaking and entering can vary by jurisdiction, but generally, it is considered a serious criminal offense and can lead to serious legal consequences.
Elements of breaking and entering may include:
- Unlawful Entry: Entering a building or property without permission. This can involve physically breaking into a structure, entering through an open window or door without permission, or otherwise accessing the property unlawfully.
- Intent to Commit a Crime: The person entering must intend to commit a crime once inside, such as theft, vandalism, or assault.
- Non-consensual Entry: The entry must be without the property owner’s or lawful occupant’s consent.
Penalties for breaking and entering vary depending on the jurisdiction and the circumstances of the offense. In many cases, breaking and entering is charged as a felony, and penalties may include fines, imprisonment, probation, or a combination of these.
For example, in common law, burglary is defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. If there is no such intent to commit a felony, the breaking and entering may constitute illegal trespass.
