Legal Definitions - breaking and entering

Breaking and Entering refers to the unauthorized entry into a building or structure, often involving some degree of force or deception to gain access. It is a foundational concept in criminal law, frequently forming a component of more serious offenses like burglary.

The term "breaking" does not necessarily mean causing damage. It can involve even the slightest application of force, such as pushing open an unlocked door or window, or turning a doorknob. It also encompasses gaining entry through deceptive means, threats, or by working with someone inside (collusion).

For "entering" to occur, it is generally sufficient if any part of a person's body crosses the threshold into the building or structure. However, it is important to note that entry is not considered "breaking and entering" if the premises are open to the public at the time, or if the person has explicit permission, a license, or a legal privilege to enter.

While "breaking and entering" describes the act of unauthorized entry, its legal consequences often depend on the perpetrator's intent. If the intent is to commit a felony once inside, the act typically escalates to burglary. Without such intent, it might be classified as illegal trespass or a similar lesser offense, depending on specific state laws.

Here are some examples illustrating the concept of breaking and entering:

• Example 1: Unauthorized Entry into a Closed Business

  After a retail store has closed for the night, a person tries the back door, finds it unlocked, and pushes it open to step inside. Even though no lock was broken and no visible damage occurred, pushing open the door to gain unauthorized entry constitutes the "breaking" element, and stepping inside fulfills the "entering" element. This would be considered breaking and entering.

• Example 2: Entry by Deception

  An individual dresses in a fake uniform, pretending to be a utility worker, and convinces an unsuspecting employee to let them into a secure office building after hours. By using this fraudulent pretense to gain access without genuine authorization, the individual has committed "breaking" through deception, and their subsequent entry into the building completes the act of breaking and entering.

• Example 3: Partial Entry Through an Opening

  A homeowner leaves a ground-floor window slightly ajar. A person walks by, sees the opening, and reaches their arm through the window to try and grab a wallet sitting on a nearby table. Even if the person's entire body does not enter the house, the act of inserting their arm through the window without permission is sufficient to meet the "entering" requirement, and exploiting the existing opening for unauthorized access fulfills the "breaking" aspect. This scenario demonstrates breaking and entering.