Also known as: house-breaking · burglary
Written by attorneys · grounded in primary & secondary sources — see below
The common law offense of breaking into a dwelling of another at night with intent to commit a felony inside. The offense requires an actual breaking that facilitates entry, an entry by any part of the body or a tool used to commit the felony, a structure regularly used for sleeping by someone other than the defendant, commission during nighttime when facial features cannot be discerned by natural light, and felonious intent formed before entry.
Hope Howard removed a board from a trailer window after sunset and inserted a pry bar toward a wall safe. The remaining sky glow still allowed a nearby observer to discern facial features. Because the entry occurred while facial features remained visible by natural light, the nighttime requirement is not satisfied.
Harold Hunt entered an empty warehouse he believed had been vacant for years and took tools. The structure had not been used for sleeping or any other purpose for over a decade. Because the structure was not a dwelling of another, the offense is not satisfied.
Select any source to read its text and confirm it supports the definition.
Harper Hill hid inside a cabin during the day intending to steal jewelry later. After deciding to leave without taking anything, she forced open a locked back door to depart. The forced exit alone does not satisfy the breaking element.
Helena Hoffman and an accomplice entered a residence at night to steal equipment. At the moment of entry Hoffman intended only to commit larceny. Because intent to commit a felony was formed before entry, the offense is complete even though no felony was actually committed inside.
Hector Hernandez owned an apartment building but tenants occupied and slept in one unit. He forced entry into that unit after dark to retrieve personal property stored there. Because the unit served as the dwelling of another, the element of a dwelling of another is satisfied.
Heidi Henderson entered a residence at night carrying a loaded pistol to retrieve documents. She was charged with burglary while armed. The presence of the deadly weapon during nighttime entry into a dwelling satisfies the elements of the common-law offense.
No. A structure qualifies as a dwelling if someone regularly uses it for sleeping even when it also serves business purposes. Temporary absence by the occupants does not remove its character as a dwelling.
Supporting sources
Entry occurs when any part of the body crosses the threshold or when a tool is inserted for the purpose of committing the intended felony inside the dwelling. Insertion of a tool merely to gain access does not count.
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Yes. Occupancy rather than ownership determines whether the dwelling is that of another. An owner commits the offense by entering a unit occupied by tenants who use it for sleeping.
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…set forth in the indictment." 50 Mass., at 137. Two years after Hope , the court elaborated on this rule in a case involving burglary, stating that if "certain acts are, by force of the statutes, made punishable with greater severity, when accompanied with aggravating circumstances," then the statute has "creat[ed] two…