Also known as: break in fact · actual breaking
Written by attorneys · grounded in primary & secondary sources — see below
The application of physical force, however slight, to create or enlarge an opening that permits entry into a structure.
Brianna Burke approached Jordan's bedroom window late at night. She inserted a screwdriver under the locked screen and pried it free from the frame. Burke then pushed the closed window upward several inches before climbing inside to assault Jordan. The use of the tool to remove the screen and enlarge the opening satisfied the breaking requirement.
Brandon Black arranged with express agents to have a large crate containing himself loaded into the railroad car. The agents placed the crate inside with full knowledge of its contents. Because the agents knowingly assisted the placement, Black applied no force to any barrier and therefore committed no breaking in fact upon emerging from the crate.
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Any physical force, even minimal, used to open or enlarge an entry point meets the requirement. Opening a closed but unlocked door or lifting a latched window both qualify as actual breaking.
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No. The element focuses on the application of force to overcome or alter a barrier, not on whether the force leaves a mark or causes structural harm.
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Breaking is complete once force is applied to create or enlarge the opening. The separate entry element is satisfied only when any part of the body or a tool used for the felony crosses the threshold.
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Yes. Permission limited to daytime hours does not authorize the use of force to enter after dark, rendering the later forcible entry trespassory and sufficient for breaking.
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