Us Legal Definition of Burglary

Normally, states require that the structure be able to accommodate people or animals or protect property. Houses certainly fit into this definition, as do their remote structures such as garages and sheds. Stores and office buildings are also eligible. Entrance During a burglary, entry is the action that follows the burglary. Literally, this happens when the physical intrusion into someone else`s apartment or building occurs through a part of the intruder`s body. Short-term penetration is sufficient. If a thief opens a window to access an apartment, the momentary insertion of the foot constitutes an entrance. The offence of illegal burglary and entering a building for the purpose of committing a criminal offence. In a jurisdiction of the Model Penal Code (OAG), burglary is defined as entering a building or structure with the intent to commit a crime inside it, unless that building or building is open to the public at that time. Unlike common law courts, burglary under the OAG does not require the crime to take place at night. The crime of burglary has been around for centuries. It originally developed under common law, but states incorporated the basic idea of burglary into their criminal codes, albeit with some slight modifications.

For example, under the common law definition of burglary, the crime had to take place at night in someone else`s home. Most states later expanded the definition of burglary to include businesses and illegal daytime entries. Government approaches to burglary vary depending on what is adopted by a jurisdiction`s law. Some firmly adopt parts of the common law, others welcome the OAG`s position on burglary, and others go well beyond the common law or the OAG. Whatever is necessary, the intent of what is supposed to prevent burglary remains clear and obvious. Finally, if the accused succeeds in committing the crime they intend to commit during a burglary and entry, they can be convicted of both the burglary and the targeted crime. For example: The FBI`s Uniform Crime Reporting (UCR) Survey defines burglary as the illegal entry into a facility to commit a crime or theft. To qualify a crime as burglary, it is not necessary that the use of force to access it took place. The UCR Survey has three sub-categories for burglary: forced trespassing, unlawful trespassing where no force is used, and attempted forced trespassing. The UCR definition of «structure» includes a dwelling, barn, trailer or houseboat when used as a permanent dwelling, office, railway car (but not car), stable or ship (i.e. ship). The timing of intent can be important in determining the degree of a burglary charge.

For example, if a person intended to commit the crime in question before breaking into the building, most states will consider it a first-degree (more serious) burglary. If the person broke into a building and does not intend to commit a crime until later, most states will classify the burglary as second degree. Most states and the Model Penal Code use the same basic definition of burglary, namely: There is a new scientific treatment of burglary in U.S. law as an immature crime, but this is controversial. Some academics consider burglary an immature crime. [30] Others say that because the intrusion itself is harmful, it justifies punishment even if no other crime is committed. No matter how burglars break in, they must also break into the structure to fill this element. Entry may be minimal; The burglar does not need to enter a building to commit a burglary.

Running a hand through a window is considered sufficient entry to support a burglary charge. In the United States, the FBI`s uniform crime reports classify burglary as a separate index crime from Part 1. If an instrument is used to gain access to a dwelling, the intrusion of the instrument is not an entry unless it is used to commit the intended crime. If the instrument is used to take something inside the building, there is an entrance that is sufficient for burglaries. In Sweden, burglary is not a crime in itself; Instead, two offences are available. If a person simply breaks into a premises, he is guilty of either unlawful trespassing (olaga intrång) or breach of the peace (hemfridsbrott), depending on the premise. An intrusion only exists when people «illegally invade or stay where others have their living space.» [22] The only penalties for these offences are fines, unless the offences are considered serious. In such cases, the maximum penalty is two years` imprisonment. For a burglary to be a burglary, the perpetrator must have the mental intention to commit a crime inside the building. Usually, this crime is theft, but other crimes can also turn a burglary into a burglary. At common law, to be convicted of burglary, the accused must have broken into an apartment defined as a place regularly used for sleeping. A building meets the definition of burglarized dwelling if it is regularly asleep, even if it is also used for other purposes, such as business.

Please note that an apartment under construction but not yet oversleeping is not considered a burglary. However, once a building meets the definition of a dwelling for burglary purposes, it remains an apartment even if the people living there move for a temporary period. So, if someone owns a summer house that they only use in July and August, the summer house is considered housing, even if it is not used for ten months of the year. Therefore, if someone breaks into the summer house with the intent to commit a crime, they can be convicted of burglary, even if they break into the apartment and enter the apartment at a time of year when no one is using it. If a defence against the crime or underlying crime is sufficiently established, there can be no conviction for burglary. For example, if a person accused of burglary is charged with theft and has a sufficient defence against the charge of theft, then there is no burglary. The Model Penal Code is a set of criminal law rules written by criminal law experts as a «model» for how they suggest states enact their criminal laws. It contains legislative proposals and commentaries to assist States in codifying criminal law. [5] The Model Penal Code has been partially adopted in some States.

The commentaries to the Model Penal Code indicate that the authors considered the elimination of burglary to be a separate offence because it was «harsh and irrational» to punish it more harshly than trespassing and theft. [6] The authors of the Code considered that the law on «attempt» (as in «attempted theft») now included acts traditionally considered burglary. [7] However, the authors felt that burglaries were so deeply rooted in U.S. law that they could not be rejected. Abandoned buildings are generally not considered structures for burglary allegations. Breaking and entering an uninhabited and unused building can result in other criminal charges, but most likely not burglary charges. In some states, a burglary committed during the day is technically not a burglary, but a burglary. [29] In many jurisdictions in the United States, burglary is punished more severely than burglary. In California, for example, burglary was punished as a first-degree burglary, while residential burglary was punished as a second-degree burglary.

California now distinguishes between entering an apartment and entering a commercial building, with burglary of an apartment punished more severely. The extent to which the Model Penal Code deals with burglary is mixed. [9] As the Code suggests, most states have eliminated the common law elements of «at night» and the «break» requirements. [10] In addition, many states have expanded the definition of «occupied structure» to include any property belonging to a victim. After all, many states provide for a burglary to take place when a crime is committed in a structure. [11] However, state laws differ as to whether they require «entry,» whether the structure must be «housing,» and whether the dwelling must belong to «another.» As I said, burglary and entry must take place at night to be considered burglary.