Breaking and entering - sustany/dvg GitHub Wiki

Breaking and entering is defined as the entering of a building through�force�without authorization. The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through�fraud, threats, or�collusion. To constitute entering, it is sufficient if any part of the�accused�s body is introduced within a building. It is not considered breaking and entering if the premises are at the time open to the public or the person is�licensed�or�privileged�to enter.

In�common law, burglary�is defined as the breaking and entering of the dwelling house of another in the nighttime with the�intent�to commit a�felony. If there is no such intent to commit a felony, the breaking and entering may constitute illegal�trespass.

Many states no longer require the�element�of breaking to be guilty of burglary or illegal trespass.�

For example:

• In�New York, a �person is guilty of burglary in the third degree when [they] knowingly enter or remain unlawfully in a building with intent to commit a crime therein.�
• In�Michigan, �any person who breaks and enters or enters without breaking, any dwelling, house, � or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner � is guilty of a misdemeanor.�

See e.g., People ex rel. Latraverse v. Jackson, 284 A.D. 822 (1954)