Legal Definitions - burglary

Burglary is a serious crime that occurs when someone unlawfully enters a building or structure with the specific intention of committing another crime inside.

While historically, under common law, burglary was narrowly defined as breaking into someone's home at night with the intent to commit a serious felony, modern laws in most places have significantly broadened this definition. Today, burglary typically does not require the entry to occur at night, nor does it always require "breaking" a lock or window – simply entering without permission, or remaining unlawfully after permission has expired, can be enough. The "building or structure" can also include a wide range of places beyond just homes, such as businesses, offices, or even certain vehicles, depending on the specific law. The crucial element is the intent to commit a crime (which could be theft, assault, vandalism, or another offense) at the moment of entry or unlawful presence.

Here are a few examples to illustrate:

• Example 1: A person waits until a local coffee shop closes for the night, then uses a pry bar to force open the back door. Their plan is to steal money from the cash register.

  Explanation: This is a clear case of burglary. The individual unlawfully entered a commercial building (the coffee shop) by forcing entry, and they did so with the specific intent to commit a crime inside (theft of money).

• Example 2: A teenager, angry at a rival sports team, sneaks into their high school's gymnasium after hours through an unlocked side door. Their intention is to spray paint graffiti on the walls and damage the scoreboards.

  Explanation: This also constitutes burglary. The teenager entered a building (the gymnasium) without authorization, and their purpose for entering was to commit acts of vandalism, which are crimes. The fact that it wasn't a "home" and the intended crime wasn't theft doesn't change its classification as burglary under modern statutes.

• Example 3: A former tenant, evicted from their apartment, returns the next day while the apartment is vacant but not yet re-rented. They use a spare key they never returned to enter, intending to retrieve some personal items they believe the landlord wrongfully kept, and also to disable the smoke detectors as an act of spite.

  Explanation: Even though the person had a key and was a former tenant, their entry is now unlawful because they no longer have a right to be there. Their intent to disable smoke detectors constitutes a crime (vandalism or property damage, and potentially a safety hazard), making this an act of burglary. The intent to retrieve personal items, even if they believe them to be theirs, does not negate the criminal intent regarding the smoke detectors.