Legal Definitions - breaking

Definition: Breaking is a term used in criminal law to describe the act of entering a building without permission. In the law of burglary, it refers to the act of creating a breach or opening in order to gain entry to a building.

For example, if someone breaks a window or picks a lock to enter a building without permission, they have committed breaking.

In modern American criminal codes, the requirement of a breaking is not always necessary. Instead, other terms are used to describe what kind of entry is necessary, such as "unlawfully," "unauthorized," "by trespass," "without authority," "without consent," or "without privilege."

Breaking is an important element in the crime of burglary. It distinguishes burglary from other crimes, such as trespassing, which involves entering a property without permission but without the use of force or breaking in.