Legal Definitions - breaking and entering

Breaking and entering is when someone enters a building without permission and by using force. Even if they just push open a door, it still counts as breaking and entering. It can also be considered breaking and entering if someone enters a building by using fraud, threats, or collusion. If any part of the person's body enters the building, it is enough to be considered breaking and entering. However, if the building is open to the public or the person has permission to enter, it is not considered breaking and entering.

In the past, common law defined burglary as breaking and entering someone's home at night with the intention of committing a crime. But now, many states have changed their laws and do not require the element of breaking to be guilty of burglary or illegal trespass.

Example 1: In New York, a person can be guilty of burglary in the third degree if they knowingly enter or remain unlawfully in a building with the intent to commit a crime.

Example 2: In Michigan, anyone who enters a dwelling, house, or any other structure without permission from the owner is guilty of a misdemeanor, even if they did not break in.

These examples illustrate how breaking and entering can be defined differently depending on the state. In New York, the person must have the intent to commit a crime, while in Michigan, simply entering without permission is enough to be guilty of a crime.