Thursday, December 04, 2008

Burglary

Burglary, in law, the crime of breaking into and entering the dwelling of another with felonious intent, whether or not the felony is actually perpetrated. English common law defined burglary as housebreaking at night only; in the United States, however, statutes vary from state to state. Some retain the common-law definition; others include housebreaking by day. To constitute burglary, breaking and entering must be inferred as, for example, gaining admission through a trick or threat or by raising a window and putting the hand inside with intent to steal, without bodily entrance.

In the U.S. other variables that affect the nature of the crime and influence the punishment include the type of structure involved (for example, whether it is a home, a store, or an office), whether the structure is occupied at the time of entry, the means used to obtain entry, the presence or absence of a weapon on the intruder, and the crime committed or intended after entry. In most of the U.S., entry into a movable structure, such as a train or boat or an air plane, with intent to commit a felony also constitutes burglary. Although burglary is usually committed for the purpose of theft, it may be charged against other offenders, including murderers, rapists, and kidnappers.

No comments: