Legal Definitions - statutory burglary

Statutory burglary refers to the crime of unlawfully entering or remaining in a building or structure with the intent to commit a crime inside. Unlike the traditional common law definition of burglary, which often required breaking into a dwelling at night, statutory burglary is defined by specific written laws (statutes) in each jurisdiction. These statutes typically broaden the scope to include various types of structures (such as commercial buildings, vehicles, or sheds), allow for entry during any time of day, and often encompass the intent to commit any crime, not just a felony, once inside.

• Example 1: Commercial Theft During Business Hours

  A person walks into a department store during its regular operating hours. Instead of shopping, they proceed to the back office, which is clearly marked "Employees Only," and attempt to steal money from the safe. Even though the store was open to the public and there was no forced entry into the building itself, their unauthorized entry into the restricted office area with the intent to commit theft would likely constitute statutory burglary under many state laws. The statute broadens the definition beyond a "breaking" into the main structure and includes unauthorized entry into specific parts of a building with criminal intent.

• Example 2: Entering an Unlocked Garage

  Late at night, someone walks onto a residential property and opens the unlocked door of a detached garage. Their intention is to steal a bicycle stored inside. Even though the garage is not the main dwelling and the door was not forced open, the act of unlawfully entering the garage with the intent to commit theft would typically be charged as statutory burglary. This illustrates how statutes expand the definition of "structure" beyond a home and often remove the requirement of a forceful "breaking."

• Example 3: Remaining in a Closed Restaurant

  A customer is dining at a restaurant and hides in the restroom just before closing time. Once all employees have left and the doors are locked, the customer emerges with the intent to steal liquor from the bar. Although they initially entered the restaurant lawfully as a customer, their act of remaining in the building without permission after closing, with the intent to commit theft, would be considered statutory burglary. This highlights how some statutes include "remaining unlawfully" as an element of the crime, in addition to "unlawful entry."