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As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
In common law, burglary is defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.
The FBI's Uniform Crime Reporting (UCR) Program defines burglary as the unlawful entry of a structure to commit a felony or theft.
Terms: Common Law Burglary: The breaking and entering into the dwelling of another at night with the intent to commit a felony therein.
(a) Every person who shall break and enter at any time of the day or night any dwelling house or apartment, whether the dwelling house or apartment is occupied or not, or any outbuilding or garage attached to or adjoining any dwelling house, without the consent of the owner or tenant of the dwelling house, apartment, ...
Breaking and entering charges in Rhode Island Breaking and Entering is a lesser included offense of the common law felony of burglary. Breaking and Entering (B&E) is defined as the breaking and entering of a structure without permission of consent.
Larceny, in criminal law, the trespassory taking and carrying away of personal goods from the possession of another with intent to steal. Larceny is one of the specific crimes included in the general category of theft.
In California, burglary under California Penal Code 459 PC can be described as an individual entering a building to commit felony theft, typically grand theft or petty theft. The prosecutors have to prove that the individual had the intent to steal or commit a theft crime when they entered the building.