Burglary in United States
Burglary Definition
At common law, the breaking and entering the house of another in the nighttime, with intent to commit a felony therein, whether the felony be actually committed or not. Coke, 3d Inst. 63; 1 Hale, P. C. 549; 1 Hawk. P. C. c. 38, § 1; 4 Bl. Comm. 224; 2 East, P. C. c. 15, § 1, p. 484; 2 Russ. Crimes, 2; Rose. Crim. Ev. 252; 1 Coxe (N. J.) 441; 7 Mass. 247, The elements of the offense are:
(1) The breaking (105 Mass. 588); but a constructive breaking is sufficient (9 Ired, [N. C] 463). See Breaking.
(2) The entry. Ill Mass. 395.
(3) The building broken and entered must be the dwelling house of another (43 Ala. 17) ; but an outstanding building within the curtilage is regarded as part of the dwelling (26 Ala. 45).
(4) Both breaking and entry must be in the nighttime. 10 N. H. 105.
(5) And both must be with intent to commit a felony in the house (12 N. H. 42) ; but the felony need not have been committed (29 Ind. 80). The offense has been enlarged by statute both as to the buildings broken into, and as to the time of the breaking and entry.
Burglary in Foreign Legal Encyclopedias
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Burglary | Burglary in the World Legal Encyclopedia. |
Burglary | Burglary in the European Legal Encyclopedia. |
Burglary | Burglary in the Asian Legal Encyclopedia. |
Burglary | Burglary in the UK Legal Encyclopedia. |
Burglary | Burglary in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Burglary
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Burglary | Burglary in the Family Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the IP Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Commercial Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Criminal Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Antritrust Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Constitutional Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Tax Law Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Employment and Labor Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Burglary | Burglary in the Environmental Law Portal of the American Encyclopedia of Law. |
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http://lawi.us/burglary | The URI of Burglary (more about URIs) |
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Legal Issue for Attorneys
At common law, the breaking and entering the house of another in the nighttime, with intent to commit a felony therein, whether the felony be actually committed or not. Coke, 3d Inst. 63; 1 Hale, P. C. 549; 1 Hawk. P. C. c. 38, § 1; 4 Bl. Comm. 224; 2 East, P. C. c. 15, § 1, p. 484; 2 Russ. Crimes, 2; Rose. Crim. Ev. 252; 1 Coxe (N. J.) 441; 7 Mass. 247, The elements of the offense are:
(1) The breaking (105 Mass. 588); but a constructive breaking is sufficient (9 Ired, [N. C] 463). See Breaking.
(2) The entry. Ill Mass. 395.
(3) The building broken and entered must be the dwelling house of another (43 Ala. 17) ; but an outstanding building within the curtilage is regarded as part of the dwelling (26 Ala. 45).
(4) Both breaking and entry must be in the nighttime. 10 N. H. 105.
(5) And both must be with intent to commit a felony in the house (12 N. H. 42) ; but the felony need not have been committed (29 Ind. 80). The offense has been enlarged by statute both as to the buildings broken into, and as to the time of the breaking and entry.
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Notice
This definition of Burglary is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Practical Information
Note: Some of this information was last updated in 1982
A crime defined under the common law (in U.S. law) as breaking and entering the house of another at night with the intent to commit a felony (in U.S. law). Modern statutes have enlarged the scope of punishable burglary to include breaking and entering in the daytime into structures other than dwelling houses with the intent to commit a felony. Statutes have divided the crime into degrees, with burglary as defined under the common law bearing the severest punishment.
What is Burglary?
For a meaning of it, read Burglary in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Burglary.
Resources
See Also
Attempt; Theft; Trespass, Criminal.
Further Reading (Books)
American Jurisprudence. Burglary. West Publishing Group, 1964. Current through April 1999 Cumulative Supplement.
Blackstone, William. Commentaries on the Laws of England (1769). 4th ed. Edited by George Chase. New York: Banks Law Publishing Company, 1974.
United States Department of Justice. Bureau of Justice Statistics Bulletin. July 1999.
United States Department of Commerce. Statistical Abstract of the United States, 1998. 118th ed. Washington, D.C.: Bernan Press, 1998.
Further Reading (Articles)
Burglaries Soar by a Third in Just One Year, Daily Mail (London); October 22, 2008; Bruce, Helen
Burglary charges piling up, The Record (Bergen County, NJ); July 16, 2009; JOSEPH AX, STAFF WRITER
BURGLARIES SURGE FROM AREA TO AREA, POLICE URGE CITY RESIDENTS TO MAKE EFFORTS TO THWART BURGLARS.(FRONT), The Wisconsin State Journal (Madison, WI); December 22, 2008
Burglaries rise as police respond less: COPS DEFEND FALSE-ALARM POLICY., San Jose Mercury News (San Jose, CA); April 3, 2006
Burglaries up since alarm policy shift, Oakland Tribune; April 2, 2006; Ben Aguirre Jr., STAFF WRITER
Burglaries, violent crimes and bad behaviour revealed ; WEBSITE: Offences reported to police revealed on crime mapping site, Loughborough Echo; April 8, 2011; Matt Jarram
Burglary surge blamed on bad times ; Rural homes have been the most common targets in a recent rash of break-ins in Cumberland County., Portland Press Herald (Portland, ME); March 29, 2009; DAVID HENCH By DAVID HENCH Staff Writer
Burglaries burgeoning as new year beginning., Columbus Telegram (Columbus, NE); January 17, 2007
Burglaries slowly on the rise: Break-ins not limited to any particular area, police say., The Columbus Dispatch (Columbus, OH); March 12, 2006
Burglaries On the Rise In District; Day Care Is Hit Twice in Crime That Police Say Is Hard to Solve, The Washington Post; August 10, 1995; Ruben Castaneda
Burglaries up since alarm change, Oakland Tribune; March 31, 2006; Ben Aguirre Jr., STAFF WRITER
Burglary Mapping: A 2001 Cyberspace Odyssey, Law & Order; June 1, 2001; Baker, Thomas E.
Burglary figures released., Grantham Journal & Citizen (Grantham, England); February 14, 2008
Burglary: content revised 02/17/06.(SECTION II: Offenses Reported)(Statistical data), Uniform Crime Reports: Crime in the United States; January 1, 2004
Fall in Burglaries Saves Sussex More Than [Pounds Sterling]2m This Year, Mid Sussex Times (Haywards Heath, England); February 17, 2014
police log / police log / burglaries + robberies., The Virginian-Pilot (Norfolk, VA); May 10, 2009
Southtowns Burglary Ring Suspect Pleads Guilty, The Buffalo News (Buffalo, NY); February 4, 2014; Staas, James
Burglary preparedness — Collierville’s ‘clear’ record better than average, The Commercial Appeal (Memphis, TN); September 16, 2007; Kevin McKenzie
Burglary careers go downhill, The Boston Globe (Boston, MA); March 1, 1994; Matthew Brelis, Globe Staff
police log / burglaries + robberies., The Virginian-Pilot (Norfolk, VA); May 3, 2009
Burglary in State Statute Topics
Introduction to Burglary
The purpose of Burglary is to provide a broad appreciation of the Burglary legal topic. Select from the list of U.S. legal topics for information (other than Burglary).
Resources
Further Reading
- Information about Burglary in the Gale Encyclopedia of American Law.
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