Explain the requirement of "breaking" when it comes to a burglary. Are those who are given permission to enter typically charged with burglary?

Question

What will be an ideal response?

Answer 1

Answer: The breaking requirement was to protect the sanctity of a closed home, and it was a breaking to open an unlocked door or window, but not entering through an open door or partially opened window. The forced opening, even turning of a doorknob is sufficient. Generally, a person who enters with permission cannot be charged with a burglary. The reason is that the breaking must be a trespass, and actual or constructive entry is required, even with minimal intrusion (opening the window and reaching through to steal a purse). Many jurisdictions have held that the initially lawful entry may change in the event a person forms the intent to commit a crime once inside. The status of such person then ripens into one of a trespasser and the lawful entry now entails an unlawful purpose by that person. Discuss with students the philosophy of the courts and the interest protected by the law. (E.g., an outside worker is given permission to use an inside bathroom, but chooses to wander into another room and steal something. The social guest is found in the host's bedroom, going through dresser drawers.)