Criminal Law and Arson Blackmail Burglary

Topics: Burglary, Criminal law, Theft Pages: 15 (4269 words) Published: January 10, 2013
From Wikipedia, the free encyclopedia
"Burglar" redirects here. For the comedy film, see Burglar (film). Criminal law
Part of the common law series
Element (criminal law)
Actus reus Mens rea
Causation Concurrence
Scope of criminal liability
Complicity Corporate Vicarious
Inchoate offenses
Attempt Conspiracy Solicitation
Offence against the person
Assault Battery Criminal negligence
False imprisonment Kidnapping
Mayhem Sexual assault
Homicide crimes
Murder Felony murder
Negligent homicide
Vehicular homicide
Crimes against property
Arson Blackmail Burglary
Embezzlement Extortion
False pretenses Fraud Larceny
Possessing stolen property
Robbery Theft
Crimes against justice
Compounding Misprision
Obstruction Perjury
Malfeasance in office
Perverting the course of justice
Defences to liability
Defence of self
Defence of property
Consent Diminished responsibility
Duress Entrapment
Ignorantia juris non excusat
Infancy Insanity
Intoxication defense
Justification Mistake (of law)
Necessity Loss of Control (Provocation)
Other common law areas
Contracts Evidence Property
Torts Wills, trusts and estates
Criminal justice Law
v t e
Burglary (also called breaking and entering[1] and sometimes housebreaking)[2] is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary. To engage in the act of burglary is to burgle (in British English) or to burglarize (in American English).[3] Contents [hide]

1 Common law definition
2 Canada
3 Finland
4 Sweden
5 United Kingdom
5.1 England and Wales
5.2 Northern Ireland
5.3 Scotland
6 United States
6.1 Nighttime burglaries
6.2 Inchoate crime
6.3 Florida
6.4 Georgia
6.5 Kentucky
6.6 Massachusetts
6.7 Maryland
6.8 New Hampshire
6.9 New York
6.10 Pennsylvania
6.11 Virginia
6.12 Wisconsin
7 Protection against burglars
8 Notes
9 See also
10 References
11 External links
[edit]Common law definition

The common law burglary was defined by Sir Matthew Hale as:
The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.[4][5][6] Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats.[4] Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter. Entering can involve either physical entry by a person or the insertion of an instrument with which to remove property. Insertion of a tool to gain entry may not constitute entering by itself.[4] Note that there must be a breaking and an entering for common law burglary. Breaking without entry or entry without breaking is not sufficient for common law burglary. Although rarely listed as an element, the common law required that "entry occur as a consequence of the breaking".[7] For example, if a wrongdoer partially opened a window by using a pry bar and then noticed an open door through which he entered the dwelling, there is no burglary at common law.[7][Note 1] The use of the pry bar would not constitute an entry even if a portion of the prybar "entered" the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry. However, if any part of the perpetrator's body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. Thus, if the perpetrator uses the prybar to pry open the window and then used his hands to lift the partially opened window, an "entry" would have taken place when he grasped the bottom of the window with his...
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