Burglary (also called breaking and entering^[1] and sometimes housebreaking)^[2] is a crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as ", the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is, but most jurisdictions specify others which fall within the ambit of burglary. To commit a burglary is to burgle (in British English British English, or UK English , is the broad term used to distinguish the forms of the English language used in the United Kingdom from forms used elsewhere. The Oxford English Dictionary applies the term to English "as spoken or written in the British Isles; esp[ecially] the forms of English usual in Great Britain...", reserving ") or burglarize (in American English American English is a set of dialects of the English language used mostly in the United States. Approximately two thirds of native speakers of English live in the United States).^[3]

Common law definition

The common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different burglary was defined by Sir Matthew Hale as

1. Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats.^[4] Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.
2. Entering can involve either physical entry by a person or the insertion of an instrument with which to remove property. Insertion of a tool to gain entry may not constitute entering by itself.^[4] It is generally required at common law that entry occurs as a consequence of the breaking.^[7] For example, if a wrongdoer partially opened a window by using a pry bar and then noticed an open door through which he entered the dwelling, there is no burglary at common law.^[7][8] The use of the pry bar would not constitute an entry even if a portion of the prybar "entered" the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry. However, if any part of the perpetrator's body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. Thus, if the perpetrator uses the prybar to pry open the window and then used his hands to lift the partially opened window, an "entry" would have taken place when he grasped the bottom of the window with his hand.^[7][9]
3. House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation^[4]
4. Night time is defined as hours between half an hour after sunset and half an hour before sunrise^[4]
5. The most serious form of burglary was classed as felony A felony is a serious crime in the common law countries, and the United States retains this law. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/ when this definition was prevalent, and included larceny Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales, Northern Ireland and the Republic of Ireland. It, a type of theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is.^[4] This precludes licit break-ins whose intent cannot be for the commission of any crime, such as a forced entry to rescue a person from danger or to exercise a lawful arrest.

Occasionally this element is expressed as the intent to commit a felony “therein”. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises.^[7] The situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony inside at the time he broke and entered.^[7]

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.

The etymology Etymology is the study of the history of words, where they are from, and how their form and meaning have changed over time originates from Anglo-Saxon Anglo-Saxons is the term usually used to describe the invading Germanic tribes in the south and east of Great Britain from the early 5th century AD, and their creation of the English nation, to the Norman conquest of 1066. The Benedictine monk, Bede, identified them as the descendants of three Germanic tribes: or Old English Old English or Anglo-Saxon is an early form of the English language that was spoken and written by the Anglo-Saxons and their descendants in parts of what are now England and south-eastern Scotland between at least the mid-5th century and the mid-12th century. What survives through writing represents primarily the literary register of Anglo-Saxon, one of the Germanic languages The Germanic languages are a group of related languages that constitute a branch of the Indo-European language family. The common ancestor of all the languages in this branch is Proto-Germanic, spoken in approximately the mid-1st millennium BC in Iron Age northern Europe. Proto-Germanic, along with all of its descendants, is characterized by a. According to one textbook, "The word burglar comes from the two German German (Deutsch, [ˈdɔʏtʃ] ) is a West Germanic language, thus related to and classified alongside English and Dutch. It is one of the world's major languages and the most widely spoken first language in the European Union. Globally, German is spoken by approximately 120 million native speakers and also by about 80 million non-native speakers words berg, meaning "house," and laron, meaning "thief" (literally "house thief").^[10] 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". .^[11] The British verb "burgle" is a late back-formation.^[12]

United States

Burglary is prosecuted as a felony A felony is a serious crime in the common law countries, and the United States retains this law. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/ or misdemeanor A misdemeanor, or misdemeanour in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions . Many misdemeanors are punished with monetary fines and involves trespassing Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such and theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is, entering a building or automobile, or remaining unlawfully with intent Intent in law is the planning and desire to perform an act, to fail to do so or to achieve a state of affairs in psychological view it may mean a different thing to commit theft or any crime, not necessarily a theft – for example, vandalism Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable. Such action includes defacement, graffiti and criminal damage. Even if nothing is stolen in a burglary, the act is a statutory offense. Burglary may be an element in crimes involving rape, arson Arson is the crime of intentionally and maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires. Arson usually describes fires deliberately set to the property of another or to one's own property as to collect insurance compensation, kidnapping In criminal law, kidnapping is the taking away or transportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute, identity theft Identity theft is a form of fraud in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name. The victim of identity theft can suffer adverse consequences if he or she is held accountable for the perpetrator's actions, or violation of civil rights; indeed the "plumbers" of the Watergate scandal The Watergate scandal was a political scandal in the United States in the 1970s, resulting from the break-in into the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C. Effects of the scandal ultimately led to the resignation of the United States President Richard Nixon on August 9, 1974. It also were technically burglars. 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.

Nighttime burglaries

In many jurisdictions in the U.S., burglary occurring at night is punished more severely than burglary occurring at other time. In California California's geography ranges from the Pacific coast to the Sierra Nevada mountain range in the east, to Mojave desert areas in the southeast and the Redwood–Douglas fir forests of the northwest. The center of the state is dominated by the Central Valley, one of the most productive agricultural areas in the world. California is the most, for example, nighttime burglary was punished as burglary in the first degree, while daytime burglary was punished as burglary in the second degree. California now distinguishes between entry into a residence and into a commercial building, with the burglary into a residence with heavier punishment.

In states that continue to punish nighttime burglary more severely than daytime burglary and burglary which occurred during twilight Twilight is the time between dawn and sunrise, and between sunset and dusk. Sunlight scattered in the upper atmosphere illuminates the lower atmosphere, and the surface of the Earth is neither completely lit nor completely dark. The sun itself is not actually visible because it is below the horizon. Owing to the unusual quality of the ambient, night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise.

Inchoate crime

Some academics consider burglary as an inchoate crime.^[13] Others 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, leaving its elements to be covered by attempt or as aggravating circumstances to other crimes, or retained and the grading schemes reformed to reflect the seriousness of the individual offense. —McCord and McCord.^[14]

Possession of burglar's tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime:^[15]

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 a defendant was trying to shake off as he ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App. 1991). —McCord and McCord.^[14]

California

Under Penal Code 459, a burglary in California takes place when one enters a structure intending to commit a petty theft, or any felony, once inside. The key is that the person must have formed this criminal intent prior to entering the structure. The crime is complete once the person enters with the criminal intent, even if he/she never carries out the criminal purpose once inside. California law also treats burglary of an inhabited dwelling (residential burglary) more seriously than burglary of other types of structures.^[16]

Florida

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.^[17] Depending on the circumstances of the crime, burglary can be classified as third-, second-, or first-degree felonies, with maximum sentences of five years, fifteen years, and life, respectively.^[18]

Georgia

A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term "railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A. § 16-7-1

Kentucky

Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in the building, expanding the common law definition. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires one to be in a dwelling and to be armed with a weapon or to cause injury.^[19] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or, in the third degree, a violation.^[20] Possession of burglar's tools, with the intent to use them to commit burglary or theft, is a misdemeanor.^[21]

Massachusetts

The Commonwealth of Massachusetts Massachusetts has been significant throughout American history. Plymouth was the second permanent English settlement in North America. Many of Massachusetts's towns were founded by colonists from England in the 1620s and 1630s. The Merrimack Valley has been, since 1650, a center of creativity through the poetic word. America's first published poet uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony. Burglary is a felony punishable by not more than twenty years; should the burglar enter with a dangerous weapon, they may be imprisoned for life.^[22] Unlawful entries of a structure other than a dwelling are labeled "breaking and entering" and punishments vary according to structure.^[23]

Maryland

In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is a misdemeanor. Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary. Breaking and entering into a "storehouse" (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary. Third-degree burglary is defined as breaking and entering into a dwelling with intent to commit a crime.

Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with the intent to use them in a burglary offense.

New Hampshire

In the criminal code of New Hampshire It became the first post-colonial sovereign nation in the Americas when it broke off from Great Britain in January 1776, and was one of the original thirteen states that founded the United States of America six months later. In June 1788, it became the ninth state to ratify the United States Constitution, bringing that document into effect. New, "A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter."^[24]

New York

Under the penal law In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. This usage is synonymous with criminal law and is covered in that article in New York, burglary is always a felony, even in third degree.^[25] It is more serious if the perpetrator uses what appears to be a dangerous weapon, or if he or she enters a dwelling.^[26][27]

Virginia

In Virginia, there are degrees of burglary. The crime may be committed at any time, but is a higher degree of crime, and therefore punished more harshly, if it occurs at night.

Wisconsin

In Wisconsin, burglary is committed by one who enters a building without consent and with intent to steal or to commit another felony. Burglary may also be committed by entry to a locked truck or trailer or a ship.^[28] The crime of burglary is treated as being more serious if the burglar is armed with a dangerous weapon when the burglary is committed or arms himself/herself during the commission of the burglary.^[29] It is a lesser offense to enter property of another without consent but with no intention to steal or commit a felony.^[30]

United Kingdom

England and Wales

Burglary is defined by section 9 of the Theft Act 1968 The Theft Act 1968 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. On 15 January 2007 the Fraud Act 2006 came into force repealing most of the offences of deception which created two variants:

Elements of the offence

"Enters"

Although physical evidence of entry is not normally difficult to obtain, it can be difficult on occasions to decide whether an entry has occurred in law. In R v Collins, it was held that entry had to be "substantial" and "effective". The issue arose in R v Brown 1985 71 Cr App R 15 in which the defendant had been found on the pavement A sidewalk is a path along the side of a road. A sidewalk may accommodate moderate changes in grade (height) and is normally separated from the vehicular section by a curb (British spelling: kerb), there may also be a strip of vegetation, grass or bushes or trees or a combination of these between the pedestrian section and the vehicular section ( outside a shop with the top half of his body through the broken window, sorting though property on display for sale; this was held by the Court of Appeal The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it. Established in 1875, the Court and its staff of 37 Lords Justices of Appeal hear both criminal appeals in the Criminal Division and civil appeals in the Civil Division, led by the Lord to constitute an effective entry, while regarding the use of the word "substantial" as unnecessarily wide. It was ruled that the jury had been entitled to conclude that the entry had been effective. Furthermore, in R v Ryan 1996 160 JP 610, the defendant had been found partially within a building, having been trapped by a window, and argued that this was not a sufficient entry. However, he was convicted as it was held that a partial entry was sufficient and that it was irrelevant that he was due to circumstances incapable of stealing anything.

"Building or part of a building"

The Theft Act 1968 does not define a building, so this must be a matter of fact for the jury, however Section 9(3) specifically states that the term includes an "inhabited vehicle or vessel"; hence motor homes, caravans and houseboats are protected by the section even when temporarily unoccupied.^[32] Burglary can also be committed in "part of a building" and in R v Walkington 1979 1 WLR 1169 the defendant had entered a large shop during trading hours but went behind a counter and stole money from a till A cash register or till (British English) is a mechanical or electronic device for calculating and recording sales transactions, and an attached cash drawer for storing cash. The cash register also usually prints a receipt for the customer. The court held that he had entered that part of the building normally reserved for staff as a trespasser and was therefore guilty of burglary.

"As a trespasser"

The essence of trespass Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such is entering or remaining on another's property without authority; a person having permission to enter property for one purpose who in fact enters for another purpose may become a trespasser, and in R v Jones and Smith,^[33] a defendant who had a general permission to enter his father's home became a trespasser when he did so in order to steal a television set, because doing so was inconsistent with the general permission. In recent years, the terms "distraction burglary", "artifice burglary" and "burglary by trick" have been used in crime prevention circles when access to premises is granted as a result of some deception on the occupier, usually by a pretence that the burglar represents some body who might reasonably request access such as a water, gas or electricity supplier.^[34][35] There is no separate legal definition of this variant.

"With intent"

The intention to commit an offence, being an essential element of burglary, requires proof beyond reasonable doubt Beyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there is no &. For example, if entry is made to regain property which the defendant honestly believes he has a right to take, there is no intention to steal and the defendant is entitled to be acquitted. However, it has been held that a conditional intent to steal anything found to be of value is enough to satisfy this requirement.^[36]

Mens Rea

R v Collins is authority for the proposition that the defendant must at least be reckless as to whether his entry is a trespass. For the Section 9(1)(a) offence, proof beyond reasonable doubt is required that the defendant intended to commit the offence specified as part of the burglary. In the Section 9(1)(b) offence, the mens rea is that of the offence committed, such that, for example, if grievous bodily harm is inflicted, recklessness will be sufficient to establish liability.

Trial and Sentence

The maximum penalty for burglary is 14 years imprisonment if committed in a dwelling and 10 years otherwise.^[32] Section 4 of the Crime (Sentences) Act 1997 specifies a minimum 3 year prison sentence for third-time domestic burglary unless exceptional circumstances apply.^[37] Higher courts have consistently upheld lengthy custodial sentences for burglaries of dwellings; see, for example R v Brewster 1998 1 Cr App R (S) 181^[38]

Aggravated burglary

Under section 10, aggravated burglary is committed when a burglar enters and "at the time has with him a firearm,^[39] imitation firearm,^[40] weapon of offence,^[41] or any explosive^[42]".]

"Has with him"

In R v Kelt 1977 65 Cr App R 74 it was held that this phrase will normally mean "carrying", and in R v Klass 162 JP 105, The Times, 17 December 1997 (CA) others had entered a building for criminal purposes while the defendant remained outside, but in possession of a scaffolding pole which had been used to break a window. This did not, in law, constitute an entry for the purposes of burglary. It was held that since Klass had not himself entered the building, he was guilty of burglary and not aggravated burglary.

"At the time"

• In R v O'Leary 1986 82 Cr App R 337, the defendant entered a house unarmed but picked up a kitchen knife once inside; he then used it to force the occupier to hand over property. It was held that this constituted aggravated burglary because the offence which was part of the enterprise had been committed while in possession of the weapon.
• In R v Kelly, 1992 The Times, December 2, the defendant had used a screwdriver to gain entry; once inside the premises, he was confronted by the occupiers and used the screwdriver as a weapon to force them to hand over a video recorder. It was held that the screwdriver became an offensive weapon when he formed an intention to use it for causing injury to the occupier at the time of the theft, and therefore he was guilty of aggravated burglary.

Mens Rea

It is necessary to prove that the defendant was aware of his possession of a weapon to convict of aggravated burglary. In R v Russell 1984 Crim L R 425, the defendant was found in possession of a knife but had forgotten that he had it; it was held that he was not guilty of aggravated burglary. A plea that the defendant did not intend to use the weapon is not a defence to this charge (R v Stones 1989 1 WLR 156).

Trial and Sentence

Aggravated burglary carries a maximum sentence of life imprisonment Life imprisonment is a sentence of imprisonment for a serious crime where the convicted person is to remain in prison for the rest of his or her life. Examples of crimes for which a person could receive this sentence include: murder, high treason, severe or violent cases of drug or human trafficking, or aggravated cases of burglary or robbery and is therefore triable only on indictment In the common law legal system, an indictment is a formal accusation that a person has committed a crime. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an.

Scotland

Under Scots law Scots law is a unique legal system which has roots in various different sources of law. Up until the mid-tenth century, the law in Scotland was almost certainly Celtic, but after that point, feudal and canon law gradually took over. On succeeding to the throne in 1124, King David I introduced elements of Anglo-Norman laws and legal institutions, in Scotland Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland the crime of burglary is called theft by housebreaking. It does not include any other aspect of burglary. Housebreaking when combined with other crimes is considered acquisitive crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "^{[citation needed]}. It is a crime usually prosecuted under solemn procedure In the common law legal system, an indictment is a formal accusation that a person has committed a crime. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an.

Canada

In Canada, burglary is labelled as "Breaking and Entering" under section 348 of the Criminal Code A Criminal Code is a compilation of government laws that outline a nation's laws regarding criminal offenses, and the maximum and minimum punishments that courts can impose upon offenders when such crimes are committed and is a hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail (misdemeanor sentence) and state prison (. Breaking and entering is defined as trespassing Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such with intent to commit an indictable offence In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence). In trials for indictable offences, the accused normally has the right to a jury trial, unless. The crime is commonly referred to in Canada as "break and enter".^[43][44][45]

Nordic countries

Sweden

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, he is technically guilty of either unlawful intrusion or breach of domiciliary peace (olaga intrång and hemfridsbrott), depending on the premise in question. Breach of domiciliary peace is only applicable when a person "unlawfully intrudes or remains where another has his living quarters".^[46] The only punishment available for any of these offences is fines, unless the offence is considered gross. In that case, the maximum punishment is two years in prison.

However, if the person who has forced himself into a house, steals anything (literally "takes what belongs to another with intent to acquire it"), he is 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."^[46] For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years.

Finland

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

A person who unlawfully (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.^[47]

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.

Aggravated theft: (1) If in the theft

(5) the offender breaks into an occupied residence,

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.^[47]

Notes and references

1. ^ "Breaking and entering : A Miscellany". http://www.mernick.co.uk/thhol/miscellany03.html. Retrieved 2008-04-30.
2. ^ "How to search for High Court criminal trials". http://www.nas.gov.uk/guides/highCourt.asp. Retrieved 2008-04-30.
3. ^ Garner, Bryan. A Dictionary of Modern Legal Usage (2nd ed.). Oxford University Press Oxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative. pp. 122. ISBN The International Standard Book Number is a unique numeric commercial book identifier based upon the 9-digit Standard Book Numbering (SBN) code created by Gordon Foster, now Emeritus Professor of Statistics at Trinity College, Dublin, for the booksellers and stationers W.H. Smith and others in 1966 9780195142365. http://books.google.com/books?id=35dZpfMmxqsC&pg=PA122#v=onepage&q=&f=false. Retrieved 18 December 2009.
4. ^ ^{a b c d e f} "Burglary" (HMTL). Farlex. http://legal-dictionary.thefreedictionary.com/burglary. Retrieved 2008-02-01.
5. ^ Charles E. Torcia, Wharton's Criminal Law § 326 (14th ed. 1980)
6. ^ Taylor v. United States 1990, 495 U.S. 575 citing W. LaFave & A. Scott, Substantive Criminal Law § 8.13, p. 464 (1986)
7. ^ ^{a b c d e} Perkins, Rollin M.; Ronald N. Boyce (1982). Criminal Law (3rd ed.). West Publishing Company. p. 200. ISBN The International Standard Book Number is a unique numeric commercial book identifier based upon the 9-digit Standard Book Numbering (SBN) code created by Gordon Foster, now Emeritus Professor of Statistics at Trinity College, Dublin, for the booksellers and stationers W.H. Smith and others in 1966 9780882770673. , citing Regina v. Davis, 6 Cox. C.C. 369 (1854)
8. ^ Common law burglary requires both a breaking AND an entry. Some statutory offenses are phrased in terms of a breaking OR entry. The use of the disjunctive is intended to expand the scope of the offense.
9. ^ People v. Wright, 206 , 184 (Cal. App. 1962).
10. ^ Glick, Leonard (2005). Criminology (1st ed.). Boston Boston (pronounced /ˈbɒstən/ ) is the capital and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. Boston city proper had a 2009: Pearson Education Pearson Education is an international PreK-20 educational publishing company of textbooks and other educational material, such as multimedia learning tools. It was created in 1998 when Pearson purchased the education division of Simon & Schuster and merged it with its own education division, Addison–Wesley Longman. pp. 280. ISBN 020540278X. http://www.ablongman.com/glick1e.
11. ^ http://www.etymonline.com/index.php?term=burglar
12. ^ http://www.etymonline.com/index.php?term=burgle
13. ^ 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.
14. ^ ^{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.
15. ^ See Schmalleger, Supra, p. 404.
16. ^ California burglary laws under Penal Code 459
17. ^ Fla. Stat. § 810.02(1)(b)1
18. ^ Fla. Stat. § 810.02(2)-(4)
19. ^ KRS 511.010-511.040
20. ^ KRS 511.060-511.080
21. ^ KRS 511.050
22. ^ Mass. Gen. Laws ch. 266 §§ 14-5
23. ^ Mass. Gen. Laws ch. 266 §§ 16-9, 20A
24. ^ Section 635:1, NH Revised Statutes
25. ^ Burglary in the third degree, N.Y. Penal Law section 140.20, found at NY Laws. Accessed May 28, 2008.
26. ^ Burglary in the second degree, N.Y. Penal Law section 140.25, found at NY Laws. Accessed May 28, 2008.
27. ^ Burglary in the first degree, N.Y. Penal Law section 140.30, found at NY Laws. Accessed May 28, 2008.
28. ^ Sec. 943.10(1m) Wisconsin Statutes (2009)
29. ^ Sec. 943.10(2) Wisconsin Statutes (2009)
30. ^ Criminal Trespass to Dwellings. Sec. 943.14 Wisconsin Statutes (2009) Trespass to Land. Sec. 943.13(1e) Wisconsin Statutes (2009)
31. ^ this is now charged as trespass with intent to commit a sexual offence under s63 Sexual Offences Act 2003
32. ^ ^{a b} "Criminal Justice Act 1991". 1991. http://www.opsi.gov.uk/acts/acts1991/ukpga_19910053_en_3. Retrieved 2008-01-31.
33. ^ R v Jones and Smith, 1976 3 All E R 54
34. ^ Distraction burglary
35. ^ Police advice
36. ^ Attorney-General's Reference (Nos 1 & 2 of 1979) 1979 3 All ER 143, CA
37. ^ "Home Office Circular 55/1999". 1999-11-15. http://www.nationalarchives.gov.uk/ERORecords/HO/415/1/circulars/1999/hoc9955.htm. Retrieved 2008-01-31.
38. ^ "R v Brewster, Court of Appeal". 2008-01-13. http://www.swarb.co.uk/lisc/CrmSe19971997.php. Retrieved 2008-01-31.
39. ^ which includes an airgun or pistol
40. ^ which means anything which has the appearance of being a firearm, whether capable of being discharged or not
41. ^ means any article made or adapted for causing injury to or incapacitating a person, or intended by the person having it with him for such use
42. ^ means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose
43. ^ "Break and enter" in Code of police practice: A guide for first line officers, Canadian Association of Chiefs of Police.
44. ^ "Legal Definition of Break and Enter", web site of Canadian lawyer Lloyd Duhaime.
45. ^ "Arrests in break and enter", The Bracebridge Examiner and Gravenhurst Banner, November 5, 2007.
46. ^ ^{a b} "Swedish Penal Code of 1962" (PDF). 1962. http://www.regeringen.se/content/1/c6/02/77/77/cb79a8a3.pdf. Retrieved 2008-02-21.
47. ^ ^{a b} [1] The Criminal Code of Finland, unofficial translation. Ministry of Justice, Finland.

• Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-19-927918-7.
• Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
• Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
• Martin, Jacqueline. Criminal Law for A2 Hodder Arnold. (2006) ISBN 978-0-340-91452-6
• Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN 0-406-97730-5
• Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

See also

• R v Collins
• Trespass
• Home Invasion
• Watergate burglaries
• "Cat burglar" at Wiktionary

External links

• California Penal Code Section 459 - Burglary
• Massachusetts General Laws - Crimes Against Property
• The Chula Vista Residential Burglary Reduction Project
• Wisconsin Statutes Home Page

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