Cameron Miranda
Breaking and entering is a commonly used phrase to refer to forced entry into a structure such as a home or business. Although there is no law called 'breaking and entering' in California, crimes related to breaking and entering, such as burglary or trespassing, are considered separate charges. The common-law elements of burglary vary between jurisdictions, but it generally involves the illegal entry into a building or area without permission, with the intention of committing another criminal offence.
| Characteristics | Values |
|---|---|
| Definition | Breaking and entering, also known as burglary, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. |
| Common-law elements | 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. |
| Jurisdiction examples | In Canada, breaking and entering is prohibited by section 348 of the Criminal Code. In California, there is no law called 'breaking and entering', but crimes related to breaking and entering, such as burglary or trespassing, are considered as separate charges. |
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What You'll Learn
Burglary
Although the term 'breaking and entering' is commonly used in popular culture, there is no law in California called 'breaking and entering'. However, this does not mean that there are no laws against burglary or forced entry. Crimes related to breaking and entering, such as burglary or trespassing, are considered as separate charges. Burglary does not necessarily require forced entry, and you could be guilty of burglary even if you did not use force to gain entry.
The common-law elements of burglary 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. In Canada, breaking is prohibited by section 348 of the Criminal Code. It is an indictable offence when committed in residence, and otherwise a hybrid offence. Breaking and entering is defined as breaking into a place with the intent to commit another indictable offence, including, but not limited to, theft.
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Trespassing
The definition of burglary or breaking and entering typically involves the illegal entry into a building or area with the intention of committing another criminal offence, usually theft. However, the specific elements of burglary may vary between jurisdictions. For example, in some places, physical breaking is not necessary for a burglary charge, and the intent may be to commit any felony or theft.
The distinction between trespassing and breaking and entering is important because it can affect the charges and penalties associated with the crime. Trespassing is typically a less serious offence than burglary, as it does not involve the same level of criminal intent. However, it is still a criminal offence and can result in legal consequences, such as fines or imprisonment, depending on the specific circumstances and local laws.
In summary, trespassing involves entering someone else's property without permission, and it is a separate offence from breaking and entering or burglary. The specific definition and penalties for trespassing may vary depending on the jurisdiction, but it is generally considered a criminal act that can have legal consequences.
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Forced entry
Breaking and entering, also known as burglary, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually, that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary.
The phrase 'breaking and entering' is typically used to refer to forced entry into a structure such as a home or a business. Although the term is commonly used in popular culture, there is no law in California called 'breaking and entering'. This doesn't mean that there are no laws against burglary or forced entry, but crimes related to breaking and entering, such as burglary or trespassing, are considered as their own separate charges. One of the main reasons that breaking and entering isn't a law is because 'burglary' doesn't necessarily mean that forced entry was involved, and you could therefore be guilty of burglary even if you don't use any force to get inside.
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. In Canada, breaking is prohibited by section 348 of the Criminal Code. It is an indictable offence when committed in 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).
Examples of forced entry include breaking a car window to steal a wallet, entering a closed bank to rob it, and using a crowbar to break the window of a storage shed with the intent of committing theft.
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Theft
Breaking and entering, also known as burglary, is a property crime involving the illegal entry into a building or other area without permission, usually with the intention of committing another criminal offence. This offence is typically theft, larceny, robbery or murder.
The term 'burglar' is derived from the words 'burgh' and 'laron', meaning house-thieves. The word was first used by Sir Edward Coke (1552-1634) in the third part of *Institutes of the Lawes of England* (pub. 1644).
Although the phrase 'breaking and entering' is commonly used in popular culture, there is no law in California called 'breaking and entering'. However, crimes related to breaking and entering, such as burglary or trespassing, are considered as separate charges.
In Canada, breaking and entering is prohibited by section 348 of the Criminal Code. It is an indictable offence when committed in a residence, and otherwise a hybrid offence. Breaking and entering is defined as breaking into a place with the intent to commit another indictable offence, including, but not limited to, theft.
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Intent to commit a crime
Breaking and entering, also known as burglary, is a property crime involving the illegal entry into a building or other area without permission, usually with the intention of committing a further criminal offence. The term 'burglar' is derived from the words 'burgh' and 'laron', meaning house-thief.
Although the phrase 'breaking and entering' is commonly used in popular culture, there is no law in California called 'breaking and entering'. However, crimes related to breaking and entering, such as burglary or trespassing, are considered as their own separate charges. Burglary does not necessarily involve forced entry, and you could be guilty of burglary even if you do not use force to gain entry.
The common-law elements of burglary 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. In Canada, breaking is prohibited by section 348 of the Criminal Code. It is an indictable offence when committed in residence, and otherwise a hybrid offence. Breaking and entering is defined as breaking into a place with the intent to commit another indictable offence, including, but not limited to, theft.
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Frequently asked questions
No, there is no law called 'breaking and entering' in California, but there are laws against burglary and forced entry.
Burglary is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence.
The common-law definition of burglary varies between jurisdictions. In most jurisdictions, 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.
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' is derived from the words 'burgh' and 'laron', meaning house-thieves.
Burglary is a broader term that includes breaking and entering, but also covers other types of illegal entry such as trespassing.
