Also known as: enclosure · closure
Written by attorneys · grounded in primary & secondary sources — see below
An enclosure or closed space. In criminal law an unlawful entry into a structure, vehicle, or enclosure contemplated for the commission of a crime constitutes an overt act supporting attempt liability.
Select any source to read its text and confirm it supports the definition.
Cody Callahan cuts a padlock and steps through the gate of a fenced storage yard to reach a shed where he plans to steal equipment. The entry supplies the overt act that completes the substantial step toward the intended theft.
Alex Rivera forces open a gate in a fenced warehouse lot intending to load stolen electronics into a van. The unlawful entry into the enclosure satisfies the substantial-step element of attempt under the Model Penal Code.
Jordan Hale pries open the rear door of a locked delivery truck parked inside a secured shipping yard to remove cargo. The entry into the enclosure supplies the overt act needed for attempt liability.
Taylor Morgan cuts through a chain-link fence surrounding a rural barn and enters the structure to set a fire. The enclosure entry constitutes the substantial step toward the planned arson offense.
Casey Quinn removes a padlock from the gate of an enclosed equipment yard and proceeds to a tool shed. The entry into the enclosure meets the overt-act requirement for attempt.
Morgan Ellis breaches the fence around a commercial garage complex to reach a parked vehicle containing valuable parts. The enclosure entry completes the substantial step for attempt liability.
Unlawful entry into a structure, vehicle, or enclosure contemplated for the crime satisfies the substantial-step requirement. The entry must be made with the intent to commit the target offense inside that space.
Supporting sources
…in the cessation of any pain, the continuation of her pain is irreversible. Insofar as Nancy Cruzan has an interest in a closure to her life consistent with her own beliefs rather than those of the Missouri Legislature, the State's imposition of its contrary view is irreversible. To deny the importance of these…