Legal Definitions - B AND E

B and E is an abbreviation for Breaking and Entering.

This term refers to the unlawful act of gaining unauthorized access to a building or enclosed property. While the word "breaking" might suggest the use of force, in a legal context, it can also include entering through an unlocked door or window, or even using a key without permission, as long as the entry is unauthorized. The crucial element is the physical act of entering a property without legal right or permission, often with the intent to commit another crime once inside, such as theft, assault, or vandalism. Breaking and Entering is frequently a key component of the more formal charge of burglary.

Here are some examples illustrating Breaking and Entering:

• Example 1: A person uses a crowbar to pry open the locked back door of a vacant commercial building late at night, intending to steal copper wiring from inside.

  Explanation: This scenario clearly demonstrates "breaking" by using force to open the locked door and "entering" by physically gaining access to the building without permission. This unlawful entry constitutes B and E.

• Example 2: After a local coffee shop has closed for the evening, an individual notices an unlocked window in the back alley. They climb through the window and enter the shop, planning to take money from the cash register.

  Explanation: Even though no physical force was used to damage the window, climbing through it without authorization is considered an unlawful "entry." The act of gaining access to the property in this manner fits the definition of B and E.

• Example 3: A former employee, who was recently fired, still possesses a key to their old office building. Despite no longer being authorized to enter, they use the key to unlock the door and go inside after hours, intending to delete important company files from a computer.

  Explanation: Although the individual used a key and caused no damage, their entry was unauthorized and unlawful because their permission to be on the premises had been revoked. This act of gaining access without current legal right constitutes B and E.