South Dakota Burglary by Breaking and Entering
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How to fill out Burglary By Breaking And Entering?
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FAQ
Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
Any person who enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of third degree burglary. Third degree burglary is a Class 5 felony.
Theft is petty theft in the first degree, if the value of the property stolen exceeds four hundred dollars but does not exceed one thousand dollars. Petty theft in the first degree is a Class 1 misdemeanor.
Crime Classifications in South Dakota Class A felonies?Mandatory death or life imprisonment and an optional fine of $50,000. Class B felonies?Mandatory life imprisonment and an optional fine of $50,000. Class C felonies?Life imprisonment and an optional fine of $50,000.
While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.
Robbery, if accomplished by the use of a dangerous weapon, or by the use of a physical object simulating a dangerous weapon, is robbery in the first degree. Robbery, if accomplished in any other manner, is robbery in the second degree.
The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through fraud, threats, or collusion.
