Burglary

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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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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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.

(Revised by Ann De Vries)

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

Burglary in the Criminal Justice System


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