In some legal systems, a crime which involves entering a building as a trespasser with the intent to commit theft, grievous bodily harm, rape, or cause criminal damage; or, having entered, stealing or attempting to steal anything, or committing or attempting to commit grievous bodily harm. In England and Wales, aggravated burglary, in which the accused is carrying a firearm, imitation firearm, offensive weapon, or explosive, may carry a maximum sentence of life imprisonment. In the USA, the entry must be with the intent to commit theft or a felony; the crime occurs at the moment of entry. A building is a roofed structure with some measure of permanence: caravans and houseboats are included. In the USA the definition of structure has been extended in some jurisdictions as far as including automated teller machines. The term burglary is not used in Scottish law, which has its own forms of aggravated theft (eg theft by housebreaking and theft by opening lockfast places).
| Criminal law |
|---|
| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
| Willful blindness · Criminal negligence |
| Ignorantia juris non excusat |
| Vicarious liability · Corporate liability |
| Strict liability |
| Classes of crimes |
| Felony/Indictable · Hybrid offence |
| Misdemeanor/Summary |
| Infraction |
| Lesser included offense |
| Crimes against the person |
| Assault · Battery · Robbery |
| Kidnapping · Rape |
| Mayhem · Manslaughter · Murder |
| Crimes against property |
| Burglary · Larceny · Arson |
| Embezzlement · False pretenses |
| Extortion · Forgery · Computer crime |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Misprision of felony |
| Inchoate offenses |
| Solicitation · Attempt |
| Conspiracy · Accessory |
| Subsets |
| Criminal procedure |
| Criminal defenses |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
Burglary – also called breaking and entering or house breaking – is a crime related to theft.
| Criminal law in English law |
|---|
| Part of the common law series |
| Classes of crimes |
| Summary · Indictable |
| Hybrid offence · Regulatory offences |
| Lesser included offence |
| Elements of crimes |
| Actus reus · Causation |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
| Criminal negligence · Corporate liability |
| Vicarious liability · Strict liability |
| Omission · Concurrence |
| Ignorantia juris non excusat |
| Inchoate offences |
| Incitement · Conspiracy |
| Accessory · Attempt |
| Common purpose |
| Defences |
| Consent · Diminished responsibility |
| Duress |
| M'Naghten Rules · Necessity |
| Provocation |
| Self-defence |
| Crimes against the person |
| Common assault · Battery |
| Actual bodily harm · Grievous bodily harm |
| Offences Against The Person Act 1861 |
| Murder · Manslaughter |
| Corporate manslaughter · Harassment |
| Public order and crimes against property |
| Criminal Damage Act 1971 |
| Malicious Damage Act 1861 |
| Public nuisance |
| Crimes of dishonesty |
| Theft Act 1968 · Theft · Dishonesty |
| Robbery · Burglary · TWOC |
| Deception · Deception offences |
| Blackmail · Handling |
| Theft Act 1978 · Forgery |
| Computer crime |
| Sexual crimes |
| Rape · Kidnapping |
| Crimes against justice |
| Bribery · Perjury |
| Obstruction of justice |
| See also Criminal Procedure |
| Criminal Defences |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
England and Wales
In England and Wales, burglary is dealt with in s9 Theft Act 1968 which provides:
(1)(a) any person who enters as a trespasser, any building or part of a building, inhabited vehicle or vessel with the intent to steal, inflict grievous bodily harm or commit criminal damage will be guilty of the offence of burglary.
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