Also known as: B&E · breaking and entering · burglary
Written by attorneys · grounded in primary & secondary sources — see below
An abbreviation for breaking and entering. The phrase identifies the physical acts of using force to create an opening and crossing the threshold of a structure that together satisfy key elements of burglary.
Select any source to read its text and confirm it supports the definition.
Brenda Booth removed a board from a trailer window after sunset but while facial features remained visible by natural light. She inserted a pry bar through the gap to reach a wall safe. Because the sky still allowed discernment of faces, her breaking and entering did not occur at nighttime.
Byron Bishop entered an empty warehouse through an unlocked door to retrieve scrap metal. The structure had been vacant for months with no one using it for any purpose. His breaking and entering therefore qualified for the affirmative defense under the applicable code.
Bernard Bass hid inside a residence during the day intending to steal jewelry later. When discovered he forced open a back door solely to flee. The breaking and entering element failed because the force served only to exit rather than to gain initial access.
Bradley Banks and an accomplice forced entry into a pharmacy at night to steal controlled substances. During their escape Banks recklessly knocked over oxygen tanks that exploded and killed a bystander. The breaking and entering supplied the predicate felony that triggered the presumption of extreme indifference.
Brittany Bell owned an apartment building but tenants occupied the unit she entered after dark. She used a key to open the tenant's bedroom door intending to retrieve unpaid rent. The breaking and entering satisfied the dwelling-of-another element because occupancy rather than title controlled.
Brian Bailey entered a neighbor's home after midnight while carrying a loaded pistol to retrieve documents. The premises were not open to the public and he lacked any privilege. His breaking and entering therefore constituted a second-degree felony under the code.
No. The intent to commit a felony must exist at the moment of entry. Actual completion of the felony is unnecessary for the breaking and entering to satisfy the burglary elements.
Supporting sources
Consent limited to daytime hours or to specific portions of a structure does not authorize forcible entry at other times or into separately secured areas. Exceeding those limits renders the entry trespassory.
Supporting sources
It supplies an affirmative defense. A defendant who enters an abandoned building or occupied structure cannot be convicted of burglary even if the other elements are present.
Supporting sources
…Daniel Webster said in opening the argument for the defense, "an unusual case." The defendants, admitting an otherwise tortious breaking and entering, sought to justify their action on the ground that they were agents of the established lawful government of Rhode Island, which State was then under martial law to defend itself from active…