Breaking And Entering Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Breaking And Entering, written in plain English, along with examples of how it is used.
What is Breaking And Entering?
(n) Breaking And Entering is the unauthorized entry into a premises by applying force with or without an intention to do a crime. Breaking and entering without intention to do crime is termed as trespassing.
History and Meaning of Breaking And Entering
Breaking and entering is a common law offense that involves the unlawful entry of a property. The intent of the offender can vary, but the most common intent is generally to commit a crime. Breaking and entering is typically seen as a more serious crime than simple trespassing, which involves unlawfully entering a property but without the intent to commit a crime. Historically, breaking and entering was often punished very harshly, and it remains a criminal offense in most jurisdictions today.
Examples of Breaking And Entering
- If someone forcibly enters into a house with the intention of stealing items, it is considered breaking and entering.
- A person enters into a locked car to steal a mobile phone - this is also considered breaking and entering.
- If someone climbs over a fence and enters into the yard of a neighbor without their permission, it is trespassing but not breaking and entering since they didn't enter into the house.
Legal Terms Similar to Breaking And Entering
- Burglary - This includes the act of breaking and entering into a building with the intention of committing a theft or felony.
- Robbery - This refers to the act of taking someone's property by using force or fear.
- Larceny - The act of taking someone's property without any intent of returning it falls under this term.