What Makes Breaking and Entering a Crime?

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What is breaking and entering? A high percentage of crime relates to the violation of property boundaries. Breaking and entering can have different motives, but what exactly quantifies as breaking and entering and what are the consequences for perpetrators?

Breaking and entering is the illegal entry of a structure with the purpose of committing a criminal act or unlawful offense. Force and property loss are not necessarily factors that should be included to consider the act of illegal entry. Attempts to illegally enter a structure are also counted as offenses with one count for each individual operation. Breaking and entering is very rampant as it comprises roughly twenty percent of both violent and nonviolent crimes. Around thirty million cases of breaking and entering are reported every year worldwide.

Why Breaking and Entering is a Crime

The law states that breaking and entering is a criminal offense. It is completely illegal to break and enter any time of the day, especially at night. The offense will become more serious if the offender brought weapons or any object that can be considered potent in inflicting physical harm. Special orders cover dwelling places, like houses, apartments, hotels, etc., wherein offenders will have to face heavier sentences if found guilty of breaking or entering.

The Elements of Breaking and Entering

Breaking is the first element which implies at least a small amount of force. Opening an unlocked door is sufficient to be considered breaking. If the means of entry absolutely did not require any amount of force, like walking in an already open door, the act will not be classified as breaking.

As long as the means of entry remains intact or in its original state without being altered by the offender, breaking cannot be classified. Special circumstances are entry of a structure by individuals who were formerly allowed but at the time of entry were not allowed. Another is defrauding or threatening the structure owner into permitting entry.

Entering is the second element, which means the individual, any part of his body or a possessed material entering the structure even for a short period. Throwing a rock at a person inside the house through a window is still enough to charge the offender with breaking and entering.

Dwelling is the third element, which means that another individual was supposedly staying in the structure, even if the structure at the time of entry was abandoned is still considered a dwelling. The structure can appear in many forms like cars, garages and fenced gardens.

Another person is the fourth element. This means that the violator cannot be the same person owning the structure or dwelling. However, if a landlord entered a tenant’s room, he will be charged with breaking and entering.

Night is the fifth element. Since the dark can cover up the violator’s identity, it is most likely that further criminal acts were intended thus causing laws to impose harsher penalties.

Intent to commit a felony therein is the sixth element which means that the violator presented another criminal act besides breaking and entering at the time. Even if the intent was not successfully carried out, the violator will still be guilty of the sixth element.

Penalizing Breaking and Entering

Penalties for breaking and entering can be imposed in fines and imprisonment. Violators can be fined from $5,000 to $100,000 depending on property damages and private lawsuits. Jail time can last from six months to twenty years. Imprisonment sentences can last longer if intent to commit felony is proven.