Legal Definitions - breaking

In criminal law, particularly within the context of burglary, breaking refers to the act of making an unauthorized entry into a building or structure. While the term historically implied physically forcing an opening, modern legal interpretations often broaden its meaning to include any entry made without permission, even if no physical damage or significant force was used. The key element is that the entry is made without the consent or privilege of the property owner or occupant.

Here are some examples illustrating the concept of breaking:

• Example 1: A person uses a brick to smash a window of a jewelry store late at night and then climbs through the opening to steal merchandise.

  Explanation: This scenario clearly demonstrates "breaking" because the individual physically created an opening by damaging the window and entered the store without any authorization, with the intent to commit a crime inside.

• Example 2: A delivery driver, after completing their legitimate delivery, notices an unlocked side door to the business's office area. They decide to slip inside to look for unattended valuables, even though their job does not grant them access to that part of the building.

  Explanation: Although no physical force was used to open the door, the driver's entry into the office area was beyond the scope of their authorized access and without permission. This constitutes a "breaking" because it was an unauthorized entry into a restricted part of the building.

• Example 3: A disgruntled former tenant, who still possesses a copy of the apartment key, uses it to enter their old apartment after their lease has ended and new tenants have moved in, intending to retrieve items they believe were left behind.

  Explanation: Despite using a legitimate key, the former tenant's right to enter the apartment had expired. Their entry was therefore unauthorized and without the consent of the current occupants or the landlord, fitting the definition of "breaking" in a modern legal sense.