Legal Definitions - burglary

Burglary

Burglary is a crime where someone enters a building or structure without permission and with the intention of committing a crime inside. This crime is illegal under both the common law and the model penal code. The exact definition of burglary can vary depending on the jurisdiction, but it usually involves entering a building at night to commit a felony. In some places, the crime committed must be a felony to be considered burglary. In a Model Penal Code (MPC) jurisdiction, burglary is defined as entering a building or structure with the intent to commit a crime inside, unless the building is open to the public at the time. Unlike in common law jurisdictions, burglary under the MPC does not require the offense to occur at night.

Example 1: John breaks into a house at night with the intention of stealing money from the safe. He is caught by the police and charged with burglary.

Example 2: Sarah enters a store during business hours with the intention of stealing some items. She is caught by the store owner and charged with theft, but not burglary because the store was open to the public at the time.

These examples illustrate the definition of burglary by showing that it involves entering a building or structure without permission and with the intention of committing a crime inside. In the first example, John breaks into a house at night with the intention of stealing money, which is a classic example of burglary. In the second example, Sarah enters a store during business hours with the intention of stealing, but because the store was open to the public at the time, she is not charged with burglary.