Burglary

• The general definition of burglary is when a home or structure is unlawfully entered by someone intending to commit a crime.
  
  

History

• Burglary was defined in the common law system, according to U.S. Supreme Court Justice Oliver Wendell Holmes, as "Breaking and entering any dwelling-house by night with intent to commit a felony therein." Most modern legal codes have removed the requirement for this crime to occur at night, making burglary a daytime crime as well.
  
  

Considerations

• Every state has its own criminal code that defines burglary and the punishments for those who are convicted of burglary. In most states, if the burglar carries a weapon, it will be considered a more serious crime. In the earliest forms of common law, burglary was not committed if the burglar entered the structure without forcing entry. Today, in the criminal codes of most states, the burglar does not need to force entry. Entering through an unlocked door with the intent to commit a crime is considered burglary.
  The victim doesn't have to be present during a burglary. Remember Ann? She was on vacation when her unlocked barn was entered and her lawnmower stolen. Even though she was not present at the time of the burglary, and even though the door was unlocked, according to the laws of most states, she is a burglary victim.
  
  

Misconceptions

• It is a general misconception that something must be stolen for burglary to occur. That's confusing burglary with theft. While theft might occur during a burglary, it is not a necessary factor. Remember Bob from the introduction, whose home was invaded but nothing was stolen? He is, in fact, a victim of burglary, even though the burglar didn't take anything. The criminal likely intended to steal something but was interrupted before he could do so.
  
  

Sample Code

• The following is the Indiana Code Section 35-43-2-1 on burglary: A person who breaks and enters the building or structure of another person, with intent to commit a felony in it, commits burglary, a class C felony. However, the offense is a class B felony if it is committed while armed with a deadly weapon, the building or structure is a dwelling or the structure is used for religious worship. Burglary becomes a class A felony if it results in bodily injury or serious bodily injury to any person other than the defendant.