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.
- 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.”
[Last updated in June of 2022 by the Wex Definitions Team]