Home > West's Encyclopedia of American Law > Burglary

The criminal offense of breaking and entering a building illegally for the purpose of committing a crime.

Burglary, at COMMON LAW, was the trespassory breaking and entering of the dwelling of another at night with an intent to commit a felony therein. It is an offense against possession and habitation. The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive.

Elements of the Offense

Trespass The TRESPASS element of the offense signifies that it must occur without the consent of the victim. If the thief gains entry by misrepresenting his or her identity, the element of trespass is satisfied, as there is no consent to entry.

Breaking Breaking consists of creating an opening for...