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"Burglar" redirects here. For the comedy film, see Burglar (film). Criminal law
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v t e
Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary. To engage in the act of burglary is to burgle (in British English) or to burglarize (in American English). Contents [hide]
1 Common law definition
5 United Kingdom
5.1 England and Wales
5.2 Northern Ireland
6 United States
6.1 Nighttime burglaries
6.2 Inchoate crime
6.8 New Hampshire
6.9 New York
7 Protection against burglars
9 See also
11 External links
Common law definition
The common law burglary was defined by Sir Matthew Hale as:
The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not. Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats. 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. 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. Note that there must be a breaking and an entering for common law burglary. Breaking without entry or entry without breaking is not sufficient for common law burglary. Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking". 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.[Note 1] 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...
References: ^ Charles E. Torcia, Wharton 's Criminal Law § 326 (14th ed. 1980)
^ Taylor v
^ a b c d e Perkins, Rollin M.; Ronald N. Boyce (1982). Criminal Law (3rd ed.). West Publishing Company. p. 200. ISBN 978-0-88277-067-3., citing R v Davis (1854) 6 Cox CC 369
^ People v
^ Glick, Leonard (2005). Criminology (1st ed.). Boston: Pearson Education. pp. 280. ISBN 0-205-40278-X.
^ a b "Swedish Penal Code of 1962" (PDF). 1962. Retrieved 2008-02-21.
^ 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.
^ Burglary in the third degree, N.Y. Penal Law section 140.20, found at NY Laws. Accessed May 28, 2008.
^ Burglary in the second degree, N.Y. Penal Law section 140.25, found at NY Laws. Accessed May 28, 2008.
^ Burglary in the first degree, N.Y. Penal Law section 140.30, found at NY Laws. Accessed May 28, 2008.
^ Pennsylvania Criminal Code:Burglary - 18 Pa. Cons. Stat. § 3502 . Accessed April 25, 2011.
^ Sec. 943.10(1m) Wisconsin Statutes (2009)
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
Martin, Jacqueline. Criminal Law for A2 Hodder Arnold. (2006) ISBN 978-0-340-91452-6
Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7
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