Burglary, also called breaking and entering (B&E)[1] and housebreaking,[2][3] is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle,[4] a term back-formed from the word burglar, or to burglarize.[5][4]

Another suggested etymology is from the later Latin word burgare, "to break open" or "to commit burglary", from burgus, meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin latro, "thief".[7] The British verb "burgle" is a late back-formation.[8]

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The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft.[19]

In New Zealand, burglary is a statute offence under section 231 of the Crimes Act 1961. 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. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A) was added in March 2019 as a burglary type offence.

In Sweden, burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion (olaga intrng) or breach of domiciliary peace (hemfridsbrott), depending on the premise in question. Breach of domiciliary peace is applicable only when people "unlawfully intrude or remain where others have their living quarters".[23] The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years' imprisonment.

Under Scots law, the crime of burglary does not exist. Instead theft by housebreaking covers theft where the security of the building is overcome.[28] It does not include any other aspect of burglary found in England and Wales. It is a crime usually prosecuted under solemn procedure in a superior court. Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place. Common law crimes in Scotland are gradually being replaced by statutes.

Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as "home invasion".[29] Taking or attempting to take property by force or threat of force from persons on the premises also constitutes the offense of robbery.

In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking.[30] In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In California, for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into a residence and into a commercial building, with the burglary of a residence bearing heavier punishment.

There is some recent scholarly treatment of burglaries in American law as inchoate crimes, but this is in dispute. Some academics[who?] consider burglary an inchoate crime.[31] Others[who?] say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed.

In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. 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. 1991).[32]

Under Florida State Statutes, "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter."[34] Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies,[35] with maximum sentences of five years, fifteen years, thirty years, and life, respectively.[36] The minimum sentences are probation,[37] 21 months,[38] and 124 1/2 months,[39] except that if the person had a gun, a judge uses the 10-20-Life Law, 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years.

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. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term "railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A.  16-7-1.

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. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury.[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.[41] Possession of burglar's tools, with the intent to use them to commit burglary or theft, is a misdemeanor.[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.[43] Unlawful entries of a structure other than a dwelling are labeled "breaking and entering" and punishments vary according to structure.[44]

In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is a misdemeanor.[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. Third-degree burglary is defined as breaking and entering into a dwelling with intent to commit a crime.

Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with the intent to use them in a burglary offense.

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."[49]

Common Law Burglary is defined as: if any people break and enter the dwelling of another, in the nighttime, with intent to commit a felony or any larceny (theft < $500) therein, shall be guilty of burglary, punishable as a class 3 felony; provided, however, that if such people was armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

In Wisconsin, burglary is committed by one who forcibly enters a building without consent and with intent to steal or to commit another felony. Burglary may also be committed by entry to a locked truck, car or trailer or a ship.[54] The crime of burglary is treated as being more serious if the burglar is armed with a dangerous weapon when the burglary is committed or arms him/herself during the commission of the burglary.[55]

The March 2015 version (1.0) of the International Classification of Crime for Statistical Purposes (ICCS) [58] classifies burglary under section 0501, a subsection of section 05 "Act against property only" (Category 05 at level 1).

Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if: 589ccfa754

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