Legal Definitions - effraction

Effraction

The term "effraction" refers to the act of creating a breach or an opening by using physical force. While considered archaic in modern legal language, it historically described situations where entry was gained through violent means, such as breaking a lock, forcing open a door, or smashing a window.

Here are some examples illustrating the concept of effraction:

• Example 1: A burglar uses a heavy object to smash a window on the ground floor of a house, creating an opening to climb inside and steal valuables.

  Explanation: The act of smashing the window constitutes "effraction" because it involves the application of force to create a breach, allowing unauthorized entry into the property.

• Example 2: During a bank robbery, a group of criminals uses explosives to blow open the vault door, gaining access to the money stored within.

  Explanation: The forceful destruction of the vault door to create an opening is a clear instance of "effraction," as it involves a breach made through the use of significant force.

• Example 3: An individual, attempting to trespass on private land, uses bolt cutters to forcibly cut through a locked chain-link fence, creating a gap large enough to pass through.

  Explanation: The action of cutting the fence with bolt cutters to create an entry point demonstrates "effraction," as it involves using force to make a breach in a barrier.