Breaking And Entering And Insertion

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Breaking And Entering And Insertion
From Wikipedia, the free encyclopedia
"Burglar" redirects here. For other uses, see Burglar (disambiguation) .
"Breaking and Entering" redirects here. For other uses, see Breaking and Entering (disambiguation) .
"Cat burglar" redirects here. For the 1961 film, see The Cat Burglar . For the 2022 interactive film, see Cat Burglar .
Crime of entering someone's property

^ Common law burglary requires both a breaking and entry. Some statutory offences are phrased in terms of a breaking or entry. The use of the disjunctive is intended to expand the scope of the offence. [ citation needed ]

^ Although as originally passed, the Theft Act 1968 also prohibited "raping any woman therein", [24] the Sexual Offences Act 2003 repealed this prohibition and substituted the offence known as trespass with intent to commit a sexual offence. [25]




^ Cromwell, Paul F. (1991). Breaking and entering : an ethnographic analysis of burglary . Newbury Park, Calif.: Sage Publications. ISBN 9780803940260 .

^ Hunter, D.B. (1956). "Burglary, Housebreaking, and Unlawful Entry". The JAG Journal . 1956 : 11.

^ Jump up to: a b "Do Burglars 'Burgle' or 'Burglarize'?" . www.merriam-webster.com . Merriam-Webster, Incorporated . Retrieved 30 November 2021 .

^ Garner, Bryan A. (1995). A dictionary of modern legal usage (2nd ed.). New York: Oxford University Press. p. 122. ISBN 9780195142365 .

^ Glick, Leonard; Mutchnick, Robert; Miller, J. Mitchell (October 1994). Criminology . New York: Pearson College Division. p. 280. ISBN 9780135094686 .

^ "Online Etymology Dictionary" . www.etymonline.com . Retrieved 2016-09-18 .

^ "Online Etymology Dictionary" . www.etymonline.com . Retrieved 2016-09-18 .

^ Wikisource.org. "Codex Hammurabi (King translation)" . en.wikisource.org . Retrieved 25 January 2020 .

^ "Bible Hub: Exodus 22:2" . biblehub.com . Retrieved 25 January 2020 .

^ "The Challenge of Codification in English Legal History" . www.rieti.go.jp/ . Research Institute of Economy, Trade and Industry (RIETI) . Retrieved 25 January 2020 .

^ Lieberman, David (12 July 2009). "The Challenge of Codification in English Legal History" (PDF) . www.rieti.go.jp . Japan: Research Institute of Economy, Trade and Industry (RIETI) . Retrieved 26 January 2020 .

^ Finn, Jeremy (September 2003). "Codification of the Criminal Law: the Australasian parliamentary experience" . ir.canterbury.ac.nz . University of Canterbury . Retrieved 26 January 2020 .

^ Jump up to: a b c d e Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 2 (2 ed.). Detroit: Thomson/Gale. p. 169. ISBN 9780314201614 .

^ Charles E. Torcia, Wharton's Criminal Law § 326 (14th ed. 1980)

^ Taylor v. United States 1990, 495 U.S. 575 citing W. LaFave & A. Scott, Substantive Criminal Law § 8.13, p. 464 (1986)

^ Jump up to: a b c d e Perkins, Rollin M.; Ronald N. Boyce (1982). Criminal Law (3rd ed.). West Publishing Company. p. 200. ISBN 978-0-88277-067-3 . , citing R v Davis (1854) 6 Cox CC 369

^ People v. Wright , 206, 184 (Cal. App. 1962).

^ Anderson, Helen A. (2011). "From the Thief in the Night to the Guest Who Stayed Too Long: The Evolution of Burglary in the Shadow of the Common Law". Indiana Law Review . 45 : 643.

^ "Break and enter" Archived 2008-06-22 at the Wayback Machine in Code of police practice: A guide for first line officers, Canadian Association of Chiefs of Police.

^ "Help Starts Here: Break and Enter (B&E)" (PDF) . British Columbia . Government of British Columbia. October 2012 . Retrieved 1 December 2021 .

^ Jump up to: a b [1] The Criminal Code of Finland, unofficial translation. Ministry of Justice, Finland.

^ Jump up to: a b "Swedish Penal Code of 1962" (PDF) . 1962. Archived from the original (PDF) on 2009-03-20 . Retrieved 2008-02-21 .

^ Theft Act 1968

^ Theft Act 1968 (as enacted)

^ Sexual Offences Act 2003

^ "Theft Act (Northern Ireland) 1969 (Chapter 16) – Statute Law Database" . www.statutelaw.gov.uk . Retrieved 2010-10-29 .

^ "Index of legal terms and offences libelled". Archived May 30, 2012, at the Wayback Machine National Archives of Scotland. Retrieved 7 August 2010.

^ "Michigan Legislature – Section 750.110a" . www.legislature.mi.gov . Retrieved 2016-09-18 .

^ "Housebreaking Law & Legal Definition" . definitions.uslegal.com . Retrieved 2016-09-18 .

^ Frank Schmalleger , Criminal Law Today: An Introduction with Capstone Cases, p. 110, (Upper Saddle River: Pearson Prentice Hall, 2006) ISBN 0-13-170287-4 , citing Joshua Dressler , Understanding Criminal Law, 2nd ed., (Boston:Matthew Bender, 1995), p. 351.

^ Jump up to: a b James W.H. McCord and Sandra L. McCord , Criminal Law and Procedure: A Systems Approach, 3rd ed. ( Clifton Park, New York : Thomson Delmar Learning – West Legal Studies, 2006), p. 127. ISBN 978-1-4018-6564-1 .

^ See Schmalleger, Supra , p. 404.

^ Fla. Stat. § 810.02(1)(b)1

^ "Alleged Ocala school shooter officially charged" . December 4, 2021 . Retrieved December 4, 2021 .

^ Fla. Stat. § 810.02(2)-(4)

^ Fla. Stat. § 810.02(4)

^ Fla. Stat. § 810.02(3)(A, B, D)

^ Fla. Stat. § 810.02(2)(B)

^ KRS 511.010–511.040

^ KRS 511.060–511.080

^ KRS 511.050

^ Mass. Gen. Laws ch. 266 §§ 14-5

^ Mass. Gen. Laws ch. 266 §§ 16-9, 20A

^ Md. Code Ann., Crim. Law § 6-202 (LexisNexis, Lexis Advance through 2018 Regular Session)

^ Md. Code Ann., Crim. Law § 6-203 (LexisNexis, Lexis Advance through 2018 Regular Session)

^ Md. Code Ann., Crim. Law § 6-204 (LexisNexis, Lexis Advance through 2018 Regular Session)

^ Md. Code Ann., Crim. Law § 6-205 (LexisNexis, Lexis Advance through 2018 Regular Session)

^ Section 635:1, NH Revised Statutes

^ Burglary in the third degree, N.Y. Penal Law section 140.20, found at NY Laws . Accessed May 28, 2008.

^ Burglary in the second degree, N.Y. Penal Law section 140.25, found at NY Laws . Accessed May 28, 2008.

^ Burglary in the first degree, N.Y. Penal Law section 140.30, found at NY Laws . Accessed May 28, 2008.

^ Pennsylvania Criminal Code:Burglary – 18 Pa. Cons. Stat. § 3502 [2] Archived 2011-05-06 at the Wayback Machine . Accessed April 25, 2011.

^ Sec. 943.10(1m) Wisconsin Statutes (2009)

^ Sec. 943.10(2) Wisconsin Statutes (2009)

^ "Dogs maul home intruder to death, say police" . Newsweek . 30 September 2021.

^ Kopel1, Gallant2, Eisen3, David1, Paul2, Joanne3 (1 July 2007). "The Human Right of Self-Defense" . Brigham Young University Journal of Public Law . 22 : 44 – via BYU Law Library. {{ cite journal }} : CS1 maint: multiple names: authors list ( link )

^ United Nations Office on Drugs and Crime (UNODC) (March 2015). "International Classification of Crime for Statistical Purposes (ICCS) Version 1.0" (PDF) . unodc.org . Vienna . Retrieved 20 January 2020 .

^ Australian Bureau of Statistics (2011). "1234.0 – Australian and New Zealand Standard Offence Classification (ANZSOC), 2011" . abs.gov.au . Australian Bureau of Statistics . Retrieved 20 January 2020 .

^ Jump up to: a b Farrell, Graham (2021-02-20). "Forty years of declining burglary in the United States: Explanation and evidence relating to the security hypothesis" . Security Journal . 35 (2): 444–462. doi : 10.1057/s41284-021-00284-4 . ISSN 1743-4645 .

^ Crime and criminal justice statistics , used table: burglary . Retrieved May-24-2014


Note: Crimes vary by jurisdiction . Not all types are listed here.
Burglary , also called breaking and entering [1] and sometimes housebreaking , [2] is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft , robbery or murder , but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle , [3] a term back-formed from the word burglar , or to burglarize . [4] [3]

Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar (" or the person that committeth burglary "), is derived from the words burgh and laron , meaning house-thieves . A note indicates he relies on the Brooke's case for this definition.

According to one textbook, the etymology originates from Anglo-Saxon or Old English , one of the Germanic languages . (Perhaps paraphrasing Sir Edward Coke :) "The word burglar comes from the two German words burg , meaning "house", and laron , meaning "thief" (literally "house thief")." [5]

Another suggested etymology is from the later Latin word burgare , "to break open" or "to commit burglary", from burgus , meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin latro , "thief". [6] The British verb "burgle" is a late back-formation . [7]

Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21 [8] ) and the Jewish Bible (Exodus 22:2 [9] ).

Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England , describes the felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned.

In Pleas of the Crown. A Methodical Summary , Sir Matthew Hale classifies Burglary and Arson as offences against the dwelling or habitation .

In chapter 16 of the fourth book of the Commentaries on the Laws of England , Sir William Blackstone observes that Burglary " ... has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation, ... "

During the 19th Century, English politicians turned their minds to codifying English law. In 1826, Sir Robert Peel was able to achieve some long advocated reforms by codifying offences concerning larceny and other property offences as well as offences against the person. [10] [11] Further reforms followed in 1861. Colonial legislatures generally adopted the English reforms. However, while further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law. [12]

The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not. [13] [14] [15]
The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft. [18]

In Canada, breaking and entering is prohibited by section 348 of the Criminal Code . It is an indictable offence when committed in relation to a residence, and otherwise a hybrid offence . Breaking and entering is defined as breaking into a place with intent to commit another indictable offence (including, but not limited to, theft). The crime is commonly referred to in Canada as break and enter , which in turn is often shortened to B and E . [19] [20]

There is no crime of burglary as such in Finland . In the case of breaking and entering, the Finnish penal code states that

(1) enters domestic premises by force, stealth or deception, or hides or stays in


such premises [...] shall be sentenced for invasion of domestic premises to a fine or to imprisonment for at most six months. [21]
However, if theft is committed during unlawful entering, then a person is guilty of theft or aggravated theft depending on the circumstances of the felony.


and the theft is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated theft to imprisonment for at least four months and at most four years. [21]
In New Zealand , burglary is a statute offence under section 231 of the Crimes Act 1961 . Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A) was added in March 2019 as a burglary type offence.

In Sweden , burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion ( olaga intrång ) or breach of domiciliary peace ( hemfridsbrott ), depending on the premise in question. Breach of domiciliary peace is applicable only when people "unlawfully intrude or remain where others have their living quarters". [22] The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years' imprisonment.

However, if the person who has forced themself into a house steals anything ("takes what belongs to another with intent to acquire it"), they are guilty of (ordinary) theft ( stöld ). However, the section regarding gross theft (Chapter 6, 4s of the Penal Code, grov stöld ) states "in assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling." [22] For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years.

Burglary is defined by section 9 of the Theft Act 1968 , which describes two variants: [23]

The offence is defined in similar terms to England and Wales by the Theft Act (Northern Ireland) 1969. [26]

Under Scots law , the crime of burglary does not exist. Instead theft by housebreaking covers theft where the security of the building is overcome. [27] It does not include any other aspect of burglary found in England and Wales. It is a crime usually prosecuted under solemn procedure in a superior court. Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place. Common law crimes in Scotland are gradually being replaced by statutes .

In the United States, burglary is prosecuted as a felony or misdemeanor and involves trespassing and theft, entering a building or automobile, or loitering unlawfully with intent to commit any crime, not necessarily a theft – for example, vandalism . Even if nothing is stolen in a burglary, the act is a statutory offense . Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible. Burglary may be an element in crimes involving rape , arson , kidnapping , identity theft , or violation of civil rights ; indeed, the "plumbers" of the Watergate scandal were technically burglars. Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering a shop with the intent to steal). As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction, since there are 50 separate state criminal codes, plus federal and territorial codes in force.

Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as " home invasion ". [28] Taking or attempting to take property by force or threat of force from persons on the premises also constitutes the offense of robbery .

In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking. [29] In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In California , for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into a residence and into a commercial building, with the burglary of a residence bearing heavier punishment.

In states that continue to punish burglary more severely than housebreaking twilight , night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise.

There is some recent scholarly treatment of burglaries in American law as inchoate crimes, but this is in dispute. Some academics [ who? ] consider burglary an inchoate crime . [30] Others [ who? ] say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed.

Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense. As it disrupts the security of persons in their homes and in regard to their personal property, however, it is complete as soon as the intrusion is made. This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses. [31]
Possession of burglars' tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime: [32]

In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App. 1991). [31]
Under Florida State Statutes , "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." [33] Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies, [34] with maximum sentences of five years, fifteen years, thirty years, and life, respectively. [35] The minimum sentences are probation, [36] 21 months, [37] and 124 1/2 months, [38] except that if the person had a gun, a judge uses the 10-20-Life Law , 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years.

A person commits the offense of burglary when, without authority and with
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