Discuss the elements of the crime of burglary.

Question

What will be an ideal response?

Answer 1

Traditionally, burglary is the criminal offense of breaking and entering into a building or occupied structure illegally with the intent of committing a crime therein. Elements of the traditional crime of burglary are as follows:

1. Trespass: The entry is made into a premises without the permission of the victim or without the authority of the person entering (an officer serving a search warrant would have authority to enter without permission). If an offender gains entry to a premises by misidentification, ruse, or trick, for example, tells the victim he/she is from the gas company and is checking for leaks, the element of trespass is satisfied because there is no genuine consent.
2. Breaking: While an opening must be made to gain entry into the building, statutorily "breaking" has a different meaning than in our common language. The use of great force is not required. The mere opening of an unlocked screen door or sliding an unlocked window up to gain entry satisfies this element. Even if the door or window is partially open, but the opening is made somewhat wider to allow the offender to enter, this element is satisfied by enlarging the opening. The person need not actually enter the premises. If a window is raised just slightly to allow the offender's hand to be inserted to remove a valuable object, a breaking has occurred. When the trespass is committed by misidentification, ruse, or trick, it constitutes constructive breaking and therefore also satisfies the breaking element.
3. Intent to Commit a Crime Within: The crime is usually theft, although any other crime, such as assault or vandalism, satisfies this element. When the intent to commit a crime is formed may be important in the charging decision. Assume two teenagers break into a neighbor's home on a dare/for a thrill with no thought of doing anything else and leave without committing any crime within. In some states, the charge would be criminal trespass. If the intent is formed after the breaking and entering has been accomplished and any crime within is minor, a lower degree of burglary with less severe sanctions may be charged in some states. However, if the intent was formed before the breaking and entering, the burglary charge may be accompanied by a more severe sanction. State statutes commonly have degrees of burglaries with sanctions ranging from less to more severe. More severe sanctions are often attached to burglaries if (1) committed at night of an occupied dwelling; (2) the offender arms him/herself with something found within; (3) committed while the offender is carrying explosives, firearms, or deadly weapons; (4) the perpetrator intentionally or recklessly attempts to, or causes, injury to another person; (5) it involves the threatened or actual use of dangerous weapon; (6) while fleeing the scene, the perpetrator injures another; (7) the intent is to commit a felony; and (8) committed while a declared state of emergency exists.
A few states have misdemeanor charges of burglary. Maryland's charge of Burglary in the Fourth Degree illustrates this. Oklahoma distinguishes between felony and misdemeanor burglary charges by referring to the former as "Burglary" and the latter as "Breaking and Entering." A number of states have burglary statutes that do not include the traditional element of breaking. For example, Florida Statute 810.02 has a core definition of burglary: entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.