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Page 13 of 24 |
What is burglary? |
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Burglary was traditionally defined as breaking and entering into the dwelling of another at nighttime with the intent to commit a felony. In many states this has been expanded to include entry into any form of building or structure or into any building, vehicle, or vessel used as a residence, at any time of day or night, with the intent to commit a felony or theft.
The details of this definition vary from state to state. In some states burglary can only be committed in a dwelling, while in others it can be committed in a business premise, like a store or a warehouse. In some states there must be an intent to commit a felony, while in others the intent to commit any theft is enough. In most states, theft is only a felony if the value of goods stolen is over a certain amount. So someone entering a house to steal a jar of change valued at $40 might not have committed burglary in some states, only theft. "Breaking" must involve some sort of force; however, depending on the state, this can be defined loosely, as in the force required to open an unlocked door, or entering by means of fraud, as in telling the person in a locked hotel room that it is room service at the door, when it is not.
(Reviewed 11.5.08)
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