The word burglary means

«Cat burglar» redirects here. For the 1961 film, see The Cat Burglar. For the 2022 interactive film, see Cat Burglar.

Burglary, also called breaking and entering (B&E)[1] and sometimes housebreaking,[2] is the act of illegally entering a building or other areas without permission, typically with the intention of committing a criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle,[3] a term back-formed from the word burglar, or to burglarize.[4][3]

Etymology[edit]

Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar («or the person that committeth burglary«), is derived from the words burgh and laron, meaning house-thieves. A note indicates he relies on the Brooke’s case for this definition.

According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) «The word burglar comes from the two German words burg, meaning «house», and laron, meaning «thief» (literally «house thief»).»[5]

Another suggested etymology is from the later Latin word burgare, «to break open» or «to commit burglary», from burgus, meaning «fortress» or «castle», with the word then passing through French and Middle English, with influence from the Latin latro, «thief».[6] The British verb «burgle» is a late back-formation.[7]

History[edit]

Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21[8]) and the Jewish Bible (Exodus 22:2[9]).

Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England, describes the felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned.

In Pleas of the Crown. A Methodical Summary, Sir Matthew Hale classifies Burglary and Arson as offences «against the dwelling or habitation».

In chapter 16 of the fourth book of the Commentaries on the Laws of England, Sir William Blackstone observes that Burglary «… has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation…»

During the 19th Century, English politicians turned their minds to codifying English law. In 1826, Sir Robert Peel was able to achieve some long advocated reforms by codifying offences concerning larceny and other property offences as well as offences against the person.[10][11] Further reforms followed in 1861. Colonial legislatures generally adopted the English reforms. However, while further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law.[12]

Common-law definition[edit]

The aftermath of a burglary at a branch of John Lewis in High Wycombe, Buckinghamshire, UK. The thieves entered the building via the roof and descended to the second floor through the ceiling to steal electronic goods, inflicting substantial damage to the ceiling and floor space.

At common law, burglary was defined[dubious – discuss][when?] by Sir Matthew Hale[further explanation needed] as:[citation needed]

The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.[13][14][15]

  1. Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats.[13] Breaking does not require that anything be «broken» in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.
  2. Entering can involve either physical entry by a person, or the insertion of an instrument to remove property. Insertion of a tool to gain entry may not constitute entering by itself.[13] There must be a breaking and an entering for common-law burglary. Breaking without entry or entry without breaking is not sufficient for common-law burglary.
  3. Although rarely listed as an element, the common law required that «entry occur as a consequence of the breaking».[16] For example, if wrongdoers partially open a window with a pry bar—but then notice an open door, which they use to enter the dwelling instead, there is no burglary under common law.[16][Note 1] The use of the pry bar would not constitute an entry even if a portion of the prybar «entered» the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry. However, if any part of the perpetrator’s body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. Thus, if the perpetrators uses the prybar to pry open the window and then used their hands to lift the partially opened window, an «entry» would have taken place when they grasped the bottom of the window with their hands.[16][17]
  4. House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation.[13]
  5. Night time is defined as hours between half an hour after sunset and half an hour before sunrise.[13]
  6. Typically this element is expressed as the intent to commit a felony «therein». The use of the word «therein» adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises.[16] The situs of the felony does not matter, and burglary occurs if the wrongdoers intended to commit a felony at the time they broke and entered.[16]

The common-law elements of burglary often vary between jurisdictions. The common-law definition has been expanded in most jurisdictions, such that the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft.[18]

Canada[edit]

In Canada, breaking and entering is prohibited by section 348 of the Criminal Code. It is an indictable offence when committed in relation to a residence, and otherwise a hybrid offence. Breaking and entering is defined as breaking into a place with intent to commit another indictable offence (including, but not limited to, theft). The crime is commonly referred to in Canada as break and enter, which in turn is often shortened to B and E.[19][20]

Finland[edit]

There is no crime of burglary as such in Finland. In the case of breaking and entering, the Finnish penal code states that

A person who unlawfully

(1) enters domestic premises by force, stealth or deception, or hides or stays in

such premises […]
shall be sentenced for invasion of domestic premises to a fine or to imprisonment for at most six months.[21]

However, if theft is committed during unlawful entering, then a person is guilty of theft or aggravated theft depending on the circumstances of the felony.

Aggravated theft:

(1) If in the theft

(5) the offender breaks into an occupied residence,

and the theft is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated theft to imprisonment for at least four months and at most four years.[21]

New Zealand[edit]

In New Zealand, burglary is a statute offence under section 231 of the Crimes Act 1961. Originally this was a codification of the common law offence, though from October 2004 the break element was removed from the definition and entry into the building (or ship), or a part of it, now only needed to be unauthorised. The definition of a building is very broad to cover all forms of dwelling, including an enclosed yard. Unauthorised entry onto agricultural land with intent to commit an imprisonable offence (section 231A) was added in March 2019 as a burglary type offence.

Sweden[edit]

In Sweden, burglary does not exist as an offence in itself; instead, there are two available offences. If a person simply breaks into any premise, they are technically guilty of either unlawful intrusion (olaga intrång) or breach of domiciliary peace (hemfridsbrott), depending on the premise in question. Breach of domiciliary peace is applicable only when people «unlawfully intrude or remain where others have their living quarters».[22] The only punishments available for any of these offences are fines, unless the offences are considered gross. In such cases, the maximum punishment is two years’ imprisonment.

However, if the person who has forced themself into a house steals anything («takes what belongs to another with intent to acquire it»), they are guilty of (ordinary) theft (stöld). However, the section regarding gross theft (Chapter 6, 4s of the Penal Code, grov stöld) states «in assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling.»[22] For theft, the punishment is imprisonment of at most two years, while gross theft carries a punishment of between six months and six years.

United Kingdom[edit]

Burglary suspect discarding an item in bushes as he tries to get away from pursuing officers of the West Midlands Police

England and Wales[edit]

Burglary is defined by section 9 of the Theft Act 1968, which describes two variants:[23]

  1. A person is guilty of burglary if they enter any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm or do unlawful damage to the building or anything in it.[Note 2]
  2. A person is guilty of burglary if, having entered a building or part of a building as a trespasser, they steal or attempt to steal anything in the building, or inflict or attempt to inflict grievous bodily harm on any person in the building.

Northern Ireland[edit]

The offence is defined in similar terms to England and Wales by the Theft Act (Northern Ireland) 1969.[26]

Scotland[edit]

Under Scots law, the crime of burglary does not exist. Instead theft by housebreaking covers theft where the security of the building is overcome.[27] It does not include any other aspect of burglary found in England and Wales. It is a crime usually prosecuted under solemn procedure in a superior court. Another common law crime still used is Hamesuken, which covers forced entry into a building where a serious assault on the occupant takes place. Common law crimes in Scotland are gradually being replaced by statutes.

United States[edit]

In the United States, burglary is prosecuted as a felony or misdemeanor and involves trespassing and theft, entering a building or automobile, or loitering unlawfully with intent to commit any crime, not necessarily a theft – for example, vandalism. Even if nothing is stolen in a burglary, the act is a statutory offense. Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible. Burglary may be an element in crimes involving rape, arson, kidnapping, identity theft, or violation of civil rights; indeed, the «plumbers» of the Watergate scandal were technically burglars. Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering a shop with the intent to steal). As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction, since there are 50 separate state criminal codes, plus federal and territorial codes in force.

Home invasion[edit]

Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as «home invasion«.[28] Taking or attempting to take property by force or threat of force from persons on the premises also constitutes the offense of robbery.

Nighttime burglaries[edit]

In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking.[29] In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In California, for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into a residence and into a commercial building, with the burglary of a residence bearing heavier punishment.

In states that continue to punish burglary more severely than housebreaking twilight, night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise.

Inchoate crime[edit]

There is some recent scholarly treatment of burglaries in American law as inchoate crimes, but this is in dispute. Some academics[who?] consider burglary an inchoate crime.[30] Others[who?] say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed.

Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense. As it disrupts the security of persons in their homes and in regard to their personal property, however, it is complete as soon as the intrusion is made. This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses.[31]

Possession of burglars’ tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime:[32]

In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar’s tools in Green v. State (Fla. App. 1991).[31]

Florida[edit]

Burglar alarm outside a bank in Florida

Under Florida State Statutes, «burglary» occurs when a person «enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.»[33] Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies,[34] with maximum sentences of five years, fifteen years, thirty years, and life, respectively.[35] The minimum sentences are probation,[36] 21 months,[37] and 124 1/2 months,[38] except that if the person had a gun, a judge uses the 10-20-Life Law, 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years.

Georgia[edit]

A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term «railroad car» shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A. § 16-7-1.

Kentucky[edit]

Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one «enters or remains unlawfully» in the building, expanding the common-law definition. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury.[39] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or, in the third degree, a violation.[40] Possession of burglar’s tools, with the intent to use them to commit burglary or theft, is a misdemeanor.[41]

Massachusetts[edit]

The Commonwealth of Massachusetts uses the term «burglary» to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony. Burglary is a felony punishable by not more than twenty years; should the burglar enter with a dangerous weapon, they may be imprisoned for life.[42] Unlawful entries of a structure other than a dwelling are labeled «breaking and entering» and punishments vary according to structure.[43]

Maryland[edit]

In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is a misdemeanor.[44][45][46][47] Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary. Breaking and entering into a «storehouse» (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary. Third-degree burglary is defined as breaking and entering into a dwelling with intent to commit a crime.

Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar’s tools with the intent to use them in a burglary offense.

New Hampshire[edit]

In the criminal code of New Hampshire, «A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.»[48]

New York[edit]

Under the New York Penal Law, burglary is always a felony, even in third degree.[49] It is more serious if the perpetrator uses what appears to be a dangerous weapon or enters a dwelling.[50][51]

Pennsylvania[edit]

In Pennsylvania, it is a defense to prosecution if the building or structure in question is rendered abandoned.[52]

Virginia[edit]

In Virginia, there are degrees of burglary, described as «Common Law Burglary» and «Statutory Burglary».

Common Law Burglary is defined as: if any people break and enter the dwelling of another, in the nighttime, with intent to commit a felony or any larceny (theft < $500) therein, shall be guilty of burglary, punishable as a class 3 felony; provided, however, that if such people was armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

Statutory Burglary is defined as: If any people in the nighttime enter without breaking, or in the daytime break and enter or enter and conceal themselves in a dwelling house or an adjoining, occupied outhouse, or, in the nighttime enter without breaking or at any time break and enter or enter and conceal themselves in any office, shop, manufactured home, storehouse, warehouse, banking house, church or other house, or any ship, vessel or river craft, or any railroad car, or any automobile, truck, or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of Virginia State code section 18.2–77, 18.2–79, or 18.2–80, shall be deemed guilty of statutory burglary, which offense shall be a class 3 felony. However, if such people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

Additionally, if any people commit any of the acts mentioned in the VA state code section 18.2–90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of VA state code section 18.2–77, 18.2–79, or 18.2–80, or if any people commit any acts mentioned in 18.2–89 or 18.2–90 with intent to commit assault and battery, shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years, or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a Class 2 felony.

Finally, if any people break and enter a dwelling house while said dwelling is occupied, either in the day or night time, with intent to commit any misdemeanor except assault and battery or trespass (which falls under the previous paragraph), shall be guilty of a class 6 felony. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

Wisconsin[edit]

In Wisconsin, burglary is committed by one who forcibly enters a building without consent and with intent to steal or to commit another felony. Burglary may also be committed by entry to a locked truck, car or trailer or a ship.[53] The crime of burglary is treated as being more serious if the burglar is armed with a dangerous weapon when the burglary is committed or arms him/herself during the commission of the burglary.[54]

Protection against burglars[edit]

Protection of property against burglars can include defenses such as anti-climb paint, safety and security window film, lock and key, and burglar alarms. Dogs of any size can warn residents through loud barking, with larger dogs or multiple medium-to-small dogs posing a threat of severe injury to an intruder.[55] Self-defense is also an option in some jurisdictions.[56]

Statistics[edit]

Classifications[edit]

The March 2015 version (1.0) of the International Classification of Crime for Statistical Purposes (ICCS) [57] classifies burglary under section 0501, a subsection of section 05 «Act against property only» (Category 05 at level 1).

In the US, the FBI Uniform Crime Reports classify burglary as a distinct Part 1 index crime.

The Australian and New Zealand Standard Offence Classification (ANZSOC)[58] has a separate top level division (Division 07) for «Unlawful entry with intent/burglary, break and enter».

Burglaries by country[edit]

The UNODC notes «that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between the legal definitions of offences in countries, or the different methods of offence counting and recording». Also, not every crime is reported and the rate of reported crimes may vary by countries.

Evidence from the United States suggests that burglary has declined steadily since 1980[59] which is mainly attributed to improved household security.[59]

Burglaries by country[60]
Country Burglaries Rate per 100,000 Year
Saint Vincent and the Grenadines 1,175 1074.5 2011
Saint Kitts and Nevis 520 970.4 2010
New Zealand 39,532 886.4 2012
Bahamas 3,242 885.0 2011
Belgium 80,708 729.7 2012
Netherlands 112,105 670.7 2012
Australia 151,919 659.1 2012
Barbados 1,548 546.6 2012
United States of America 1,567,100 493.6 2012
Switzerland 35,801 447.7 2012
Luxembourg 2,154 417.2 2011
Sweden 39,552 415.8 2012
Chile 72,011 412.3 2012
United Kingdom (England and Wales) 227,280 405.3 2012
Italy 237,355 389.8 2012
France 234,090 366.1 2012
Israel 25,035 331.9 2011
Canada 113,346 328.7 2011
United Kingdom (Northern Ireland) 5,868 324.0 2012
United Kingdom (Scotland) 15,616 294.9 2012
Belarus 26,435 276.6 2008
Spain 126,422 270.4 2012
Kazakhstan 42,939 263.9 2012
Greece 28,193 253.4 2012
Portugal 25,151 237.2 2012
Malta 1,004 234.7 2012
Trinidad and Tobago 3,111 232.6 2012
Hungary 22,587 226.4 2012
Bahrain 2,479 222.1 2008
Guyana 1,758 221.0 2012
Estonia 2,718 210.6 2012
Grenada 221 209.5 2012
Botswana 4,088 205.8 2011
Austria 15,479 182.9 2012
Cyprus 2,010 178.0 2012
Germany 144,117 174.1 2012
Costa Rica 6,736 146.4 2009
Liechtenstein 51 139.1 2012
Slovenia 2,717 131.4 2012
Norway 5,987 119.9 2012
Kyrgyzstan 6,500 118.7 2012
Lithuania 3,526 116.5 2012
Finland 6,281 116.1 2012
Croatia 4,331 100.5 2012
Turkey 69,709 99.1 2008
Bosnia and Herzegovina 3,673 95.3 2009
Mexico 114,291 94.6 2012
Macedonia 1,987 94.4 2012
Czech Republic 9,718 91.2 2012
Russian Federation 129,581 90.3 2011
Bulgaria 6,456 88.7 2012
Jamaica 2,431 87.8 2012
Ukraine 38,801 84.3 2010
Republic of Korea 34,952 71.7 2011
Serbia 6,738 70.5 2012
Poland 26,825 70.2 2012
Mauritius 714 57.8 2011
Mongolia 1,554 56.4 2011
Republic of Moldova 1,952 55.5 2012
Japan 60,938 47.9 2012
Colombia 22,346 46.8 2012
Maldives 126 40.1 2008
Albania 1,238 39.2 2012
Jordan 2,731 39.0 2012
Oman 987 38.1 2008
Armenia 1,097 36.9 2012
Dominican Republic 3,731 36.3 2012
Latvia 731 35.5 2012
Georgia 1,552 35.4 2010
Slovakia 1,742 32.0 2012
United Arab Emirates 2,900 31.5 2012
Morocco 8,001 25.6 2009
Sierra Leone 1,149 20.8 2008
Syrian Arab Republic 3,346 16.4 2008
Egypt 9,257 11.7 2011
Brazil 22,679 11.4 2012
São Tomé and Príncipe 20 10.9 2011
Panama 352 9.3 2012
Kuwait 256 9.0 2009
Peru 2,342 8.1 2009
El Salvador 468 7.4 2012
Singapore 358 6.9 2011
Kenya 2,871 6.6 2012
Yemen 1,388 6.2 2009
Uganda 1,990 5.9 2010
Guatemala 791 5.7 2009
Guinea 533 5.3 2007
Azerbaijan 228 2.4 2012
Tajikistan 151 1.9 2011
Nigeria 2,968 1.8 2012
Algeria 382 1.0 2012

See also[edit]

  • Gentleman thief
  • R v Collins
  • Trespass
  • Home invasion
  • Going equipped
  • Theft Act 1968 (United Kingdom)
  • Hot prowl burglary
  • «Cat burglar» at Wiktionary

Notes[edit]

  1. ^ Common law burglary requires both a breaking and entry. Some statutory offences are phrased in terms of a breaking or entry. The use of the disjunctive is intended to expand the scope of the offence.[citation needed]
  2. ^ Although as originally passed, the Theft Act 1968 also prohibited «raping any woman therein»,[24] the Sexual Offences Act 2003 repealed this prohibition and substituted the offence known as trespass with intent to commit a sexual offence.[25]

References[edit]

  1. ^ Cromwell, Paul F. (1991). Breaking and entering : an ethnographic analysis of burglary. Newbury Park, Calif.: Sage Publications. ISBN 9780803940260.
  2. ^ Hunter, D.B. (1956). «Burglary, Housebreaking, and Unlawful Entry». The JAG Journal. 1956: 11.
  3. ^ a b «Do Burglars ‘Burgle’ or ‘Burglarize’?». www.merriam-webster.com. Merriam-Webster, Incorporated. Retrieved 30 November 2021.
  4. ^ Garner, Bryan A. (1995). A dictionary of modern legal usage (2nd ed.). New York: Oxford University Press. p. 122. ISBN 9780195142365.
  5. ^ Glick, Leonard; Mutchnick, Robert; Miller, J. Mitchell (October 1994). Criminology. New York: Pearson College Division. p. 280. ISBN 9780135094686.
  6. ^ «Online Etymology Dictionary». www.etymonline.com. Retrieved 2016-09-18.
  7. ^ «Online Etymology Dictionary». www.etymonline.com. Retrieved 2016-09-18.
  8. ^ Wikisource.org. «Codex Hammurabi (King translation)». en.wikisource.org. Retrieved 25 January 2020.
  9. ^ «Bible Hub: Exodus 22:2». biblehub.com. Retrieved 25 January 2020.
  10. ^ «The Challenge of Codification in English Legal History». www.rieti.go.jp/. Research Institute of Economy, Trade and Industry (RIETI). Retrieved 25 January 2020.
  11. ^ Lieberman, David (12 July 2009). «The Challenge of Codification in English Legal History» (PDF). www.rieti.go.jp. Japan: Research Institute of Economy, Trade and Industry (RIETI). Retrieved 26 January 2020.
  12. ^ Finn, Jeremy (September 2003). «Codification of the Criminal Law: the Australasian parliamentary experience». ir.canterbury.ac.nz. University of Canterbury. Retrieved 26 January 2020.
  13. ^ a b c d e Lehman, Jeffrey; Phelps, Shirelle (2005). West’s Encyclopedia of American Law, Vol. 2 (2 ed.). Detroit: Thomson/Gale. p. 169. ISBN 9780314201614.
  14. ^ Charles E. Torcia, Wharton’s Criminal Law § 326 (14th ed. 1980)
  15. ^ Taylor v. United States 1990, 495 U.S. 575 citing W. LaFave & A. Scott, Substantive Criminal Law § 8.13, p. 464 (1986)
  16. ^ a b c d e Perkins, Rollin M.; Ronald N. Boyce (1982). Criminal Law (3rd ed.). West Publishing Company. p. 200. ISBN 978-0-88277-067-3., citing R v Davis (1854) 6 Cox CC 369
  17. ^ People v. Wright, 206, 184 (Cal. App. 1962).
  18. ^ Anderson, Helen A. (2011). «From the Thief in the Night to the Guest Who Stayed Too Long: The Evolution of Burglary in the Shadow of the Common Law». Indiana Law Review. 45: 643.
  19. ^ «Break and enter» Archived 2008-06-22 at the Wayback Machine in Code of police practice: A guide for first line officers, Canadian Association of Chiefs of Police.
  20. ^ «Help Starts Here: Break and Enter (B&E)» (PDF). British Columbia. Government of British Columbia. October 2012. Retrieved 1 December 2021.
  21. ^ a b [1] The Criminal Code of Finland, unofficial translation. Ministry of Justice, Finland.
  22. ^ a b «Swedish Penal Code of 1962» (PDF). 1962. Archived from the original (PDF) on 2009-03-20. Retrieved 2008-02-21.
  23. ^ Theft Act 1968
  24. ^ Theft Act 1968 (as enacted)
  25. ^ Sexual Offences Act 2003
  26. ^ «Theft Act (Northern Ireland) 1969 (Chapter 16) – Statute Law Database». www.statutelaw.gov.uk. Retrieved 2010-10-29.
  27. ^ «Index of legal terms and offences libelled». Archived May 30, 2012, at the Wayback Machine National Archives of Scotland. Retrieved 7 August 2010.
  28. ^ «Michigan Legislature – Section 750.110a». www.legislature.mi.gov. Retrieved 2016-09-18.
  29. ^ «Housebreaking Law & Legal Definition». definitions.uslegal.com. Retrieved 2016-09-18.
  30. ^ Frank Schmalleger, Criminal Law Today: An Introduction with Capstone Cases, p. 110, (Upper Saddle River: Pearson Prentice Hall, 2006) ISBN 0-13-170287-4, citing Joshua Dressler, Understanding Criminal Law, 2nd ed., (Boston:Matthew Bender, 1995), p. 351.
  31. ^ a b James W.H. McCord and Sandra L. McCord, Criminal Law and Procedure: A Systems Approach, 3rd ed. (Clifton Park, New York: Thomson Delmar Learning – West Legal Studies, 2006), p. 127. ISBN 978-1-4018-6564-1.
  32. ^ See Schmalleger, Supra, p. 404.
  33. ^ Fla. Stat. § 810.02(1)(b)1
  34. ^ «Alleged Ocala school shooter officially charged». December 4, 2021. Retrieved December 4, 2021.
  35. ^ Fla. Stat. § 810.02(2)-(4)
  36. ^ Fla. Stat. § 810.02(4)
  37. ^ Fla. Stat. § 810.02(3)(A, B, D)
  38. ^ Fla. Stat. § 810.02(2)(B)
  39. ^ KRS 511.010–511.040
  40. ^ KRS 511.060–511.080
  41. ^ KRS 511.050
  42. ^ Mass. Gen. Laws ch. 266 §§ 14-5
  43. ^ Mass. Gen. Laws ch. 266 §§ 16-9, 20A
  44. ^ Md. Code Ann., Crim. Law § 6-202 (LexisNexis, Lexis Advance through 2018 Regular Session)
  45. ^ Md. Code Ann., Crim. Law § 6-203 (LexisNexis, Lexis Advance through 2018 Regular Session)
  46. ^ Md. Code Ann., Crim. Law § 6-204 (LexisNexis, Lexis Advance through 2018 Regular Session)
  47. ^ Md. Code Ann., Crim. Law § 6-205 (LexisNexis, Lexis Advance through 2018 Regular Session)
  48. ^ Section 635:1, NH Revised Statutes
  49. ^ Burglary in the third degree, N.Y. Penal Law section 140.20, found at NY Laws. Accessed May 28, 2008.
  50. ^ Burglary in the second degree, N.Y. Penal Law section 140.25, found at NY Laws. Accessed May 28, 2008.
  51. ^ Burglary in the first degree, N.Y. Penal Law section 140.30, found at NY Laws. Accessed May 28, 2008.
  52. ^ Pennsylvania Criminal Code:Burglary – 18 Pa. Cons. Stat. § 3502 [2] Archived 2011-05-06 at the Wayback Machine. Accessed April 25, 2011.
  53. ^ Sec. 943.10(1m) Wisconsin Statutes (2009)
  54. ^ Sec. 943.10(2) Wisconsin Statutes (2009)
  55. ^ «Dogs maul home intruder to death, say police». Newsweek. 30 September 2021.
  56. ^ Kopel1, Gallant2, Eisen3, David1, Paul2, Joanne3 (1 July 2007). «The Human Right of Self-Defense». Brigham Young University Journal of Public Law. 22: 44 – via BYU Law Library.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  57. ^ United Nations Office on Drugs and Crime (UNODC) (March 2015). «International Classification of Crime for Statistical Purposes (ICCS) Version 1.0» (PDF). unodc.org. Vienna. Retrieved 20 January 2020.
  58. ^ Australian Bureau of Statistics (2011). «1234.0 – Australian and New Zealand Standard Offence Classification (ANZSOC), 2011». abs.gov.au. Australian Bureau of Statistics. Retrieved 20 January 2020.
  59. ^ a b Farrell, Graham (2021-02-20). «Forty years of declining burglary in the United States: Explanation and evidence relating to the security hypothesis». Security Journal. 35 (2): 444–462. doi:10.1057/s41284-021-00284-4. ISSN 1743-4645.
  60. ^ Crime and criminal justice statistics, used table: burglary. Retrieved May-24-2014

Further reading[edit]

  • Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-19-927918-7.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
  • Manaugh, Geoff (2016). A Burglar’s Guide to the City. FSG Originals. ISBN 978-0374117269.
  • Martin, Jacqueline. Criminal Law for A2 Hodder Arnold. (2006) ISBN 978-0-340-91452-6
  • Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN 0-406-97730-5
  • Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

External links[edit]

  • California Penal Code Section 459 – Burglary
  • Massachusetts General Laws – Crimes Against Property
  • The Chula Vista Residential Burglary Reduction Project
  • Household Burglary, 1994–2011 Bureau of Justice Statistics

кража со взломом, ограбление, ночная кража со взломом

существительное

- ночная кража со взломом

Мои примеры

Словосочетания

bank burglary — берглэри, совершенное в банке  
burglary protection system — система защиты и сигнализации о вторжениях со взломом  
burglary protection — защита от краж со взломом; противовзломная защита  
burglary-resistant safe — взломостойкий сейф  
burglary resistive — сопротивляющийся взлому  
burglary tool — орудие берглэри  
burglary tools — инструменты взломщика  
burglary zone — зона контроля за входом  
burglary zones — зоны вторжения  
office burglary — ограбление учреждения  

Примеры с переводом

Most burglaries happen at night.

Большинство краж происходит в ночное время.

He was charged with burglary.

Ему было предъявлено обвинение в краже.

He got put inside for burglary.

Он попала в тюрьму за кражу со взломом.

Burglaries have risen by 5%.

Число краж со взломом увеличилось на пять процентов.

Paul was doing time for burglary.

Пол отбывал срок за кражу со взломом.

Make sure the policy gives adequate coverage against burglary.

Убедитесь, что полис предоставляет адекватную страховую защиту от кражи со взломом.

Crime is on the increase, especially mugging and burglary.

Уровень преступности растёт, особенно воровство и разбой.

ещё 7 примеров свернуть

Примеры, ожидающие перевода

Henderson pled guilty to burglary.

We’d talked about moving, and the burglary clinched it for us.

The following morning, he was arrested on a charge of burglary.

Для того чтобы добавить вариант перевода, кликните по иконке , напротив примера.

Возможные однокоренные слова

burglar  — грабитель, взломщик, вор, ночной грабитель, вор-взломщик
burglarious  — грабительский, воровской
burglarize  — совершать кражу со взломом

Формы слова

noun
ед. ч.(singular): burglary
мн. ч.(plural): burglaries

: the crime of entering a structure (such as a house or commercial building) with the intent to commit a felony (such as theft)

Note:
Most jurisdictions divide burglary into degrees or classes according to the seriousness of the crime. Various aggravating factors (such as whether the structure is a dwelling, the presence of people, and whether the person entering is armed with a deadly weapon or explosives) contribute to the seriousness of the crime.

Frequently Asked Questions

Is there a difference between burglarize and rob?

To burglarize is «to break into and enter of a building with the intent to commit a crime, often theft,» whereas rob means » to take personal property from by violence or threat.» Burglary need not entail violence or threat, and robbery need not entail breaking into a dwelling.

Is the verb form of burglary, burgle or burglarize?

The verb form of burglary can be either burglarize or burgle. «Burglarize,» like many verb forms, is made by adding the suffix -ize, and this form is more common in American English. Burgle is a back-formation (a word formed by subtraction of a real or supposed affix from an already existing longer word), and is more common in British English. Both are widely accepted as correct.

Is burglarized a real word?

Yes, it is, and so is burgle. While both variants of the verb, burgle and burglarize, have been disparaged since they entered the language in the middle of the 19th century, both are real words, and both have come to be widely accepted.

Example Sentences



There have been a number of burglaries in the neighborhood in recent months.



He has been charged with attempted burglary.

Recent Examples on the Web

The man accused of the burglary, whom police have identified as Michael Christopher Nunez, 47, was outside the 911 caller’s home when police arrived.


Hojun Choi, Dallas News, 27 Mar. 2023





The first burglary happened around 3:30 a.m. last Monday.


Sam Whiting, San Francisco Chronicle, 26 Mar. 2023





Police asked anyone with information about the burglaries to contact the anonymous Crime Stoppers’ tip line at (888) 580-8477.


Caleb Lunetta, San Diego Union-Tribune, 23 Mar. 2023





When the burglary goes awry, Nemo is trapped inside with the paintings, sculptures and installations collected by the unseen owner.


Emily Zemler, Los Angeles Times, 17 Mar. 2023





Someone broke into the Gladys McCoy Health Department headquarters in Old Town on the night of Feb. 17 and the county notified police on Feb. 21 after discovering the burglary, county officials said.


oregonlive, 17 Mar. 2023





The burglary was interrupted by the resident, causing the suspect to drop a leaf blower before escaping.


Hank Beckman, Chicago Tribune, 13 Mar. 2023





The burglary happened on Mar. 2 in an apartment in Paris’ fashionable 8th arrondissement, near the Champs Elysées, rented by Lynn Ban, her husband Jett Kain and fellow castmember Blake Abbie, who are visiting for Fashion Week, according to their agent, Gia Khan.


Oliver Brescoe, CNN, 8 Mar. 2023





The Real Bling Ring: Hollywood Heist The Real Bling Ring: Hollywood Heist chronicles the real-life burglaries at celebrity homes in 2008 and 2009.


Jacqueline Weiss, Peoplemag, 20 Feb. 2023



See More

These examples are programmatically compiled from various online sources to illustrate current usage of the word ‘burglary.’ Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

First Known Use

circa 1533, in the meaning defined above

Time Traveler

The first known use of burglary was
circa 1533

Dictionary Entries Near burglary

Cite this Entry

“Burglary.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/burglary. Accessed 14 Apr. 2023.

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More from Merriam-Webster on burglary

Last Updated:
6 Apr 2023
— Updated example sentences

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Merriam-Webster unabridged

I should like to hear you explain how burglary is collecting what is coming to you. ❋ Unknown (2010)

They are designed to display vehicles without insurance, MOT, are used by disqual drivers or used in burglary – for example … ❋ Inspector Gadget (2010)

For example, if burglary is necessary to save life, it deserves warrant, but if considered only to ascertain the truth of a wagered outcome, one may do nought but persuade its possessor to divulge. ❋ Unknown (2009)

The sheet was taken in an October 2008 burglary from the offices of dealer Kevin Lipton of Beverly Hills, California, and is the only item recovered so far. ❋ Unknown (2010)

Will he demand that the burglary is crimed so that he can make an insurance claim or will he for the greater good ignore the matter and hence get his bonus but not the insurance pay out. ❋ Inspector Gadget (2010)

Yet there were 18,600 offences concealed in burglary and robbery. 1000′s of car damage offences are switched to simple damage and often not crimed if even reported. ❋ Inspector Gadget (2010)

I suppose the answer to the burglary is three fold then; one, actually punish criminals, especially repeat offenders; two, return the power to Police Officers to say “go away and grow up you silly s*d” to people who demand police action over trivia; three, dump 90% of the paperwork and those put those processing it and similar on the front line? on April 16, 2010 at 6: 48 am frontrowhero ❋ Inspector Gadget (2010)

First plain burglary and now Turd Burglary at the Watergate. ❋ Unknown (2006)

Ironically, the recent fall in burglary may have something to do with the flood of cheap imports from the East, making stolen goods hard to sell for a worthwhile price. ❋ Laban (2005)

A burglary is the unauthorized entering of a dwelling of another by force, stealth or deception, i.e.: «Breaking in to someone’s house and stealing stuff.» ❋ Unknown (2003)

Heathcote breathed again at the word burglary, and made an heroic effort to smile. ❋ Talbot Baines Reed (1872)

«We also know that the database has provided matches for a significant number of serious crimes as well as providing thousands of matches for less serious crimes that cause great concern to victims, such as burglary, which is why we are proposing to keep some profiles for six years.» ❋ Unknown (2009)

I don’t wish to have a go, but if the answer to the question about burglary is “change the locks, get a fierce dog and fit a decent burglar alarm.” then one may reasonably ask the question “what the f**k’s the point of the Police then?” ❋ Inspector Gadget (2010)

Today at work we got a phone call from a police sergeant in burglary. ❋ Ccfinlay (2006)

Even stranger, the only documents stolen in the burglary were the fuel coal purchase agreement documents. ❋ Michael Turton (2008)

In regard to count three, one count of aggravated burglary, which is a felony to the fifth degree, with regard to count four, two counts of gross abuse of a corpse, that is five and six, and then child endangering, a misdemeanor of the first degree in regard to count seven. ❋ Unknown (2008)

For example, I have a big problem with charging a shoplifter with burglary, which is allowed in Illinois. ❋ Unknown (2007)

A burglary is person entered a [store] a night and [stole] a [tweeter] ❋ Ajwalias (2008)

«Hey man, where’d you get that sweet fishing hat?» «I got reverse [burgled] last week.»
or
To the cops: «I’d like to report a [reverse burglary] please. He left a twelve pack, a five gallon can of gas and a weed wacker» «Damn, last guy who got reverse burgled only got a [tomato plant] and some dental floss» ❋ SregoRrM (2010)

«hey [sara], you can put your [phone in] your [purse]!»
«no i cant, it’s filled with pizza!»
«but that’s pizza burglary
«I know.»
«that’s not what emma would do!» ❋ Leon Elliot (2008)

«Hey look Bob, there’s a turd missing from [your shit] collection! Another [TURD BURGLARY], [another day]!» ❋ Cronic Christoph (2017)

I had him over last night in [hopes] of using my sex burglary [skills] to do stuff [with him]. ❋ Cole Reynolds (2007)

Man, when you [go to jail], [drop the soap], it can only mean a good case of [arse burglary]! ❋ Dirtdawg (2009)

-So Luke is with Madison now.
-What?? Hasn’t she been with Brandon for like [four months]?
-Ha! Right up until the best Cat Burglary of the new decade, I bet the [theme music] from that movie with [George Clooney] and Brad Pitt is playing in his head RIGHT now
meanwhile..
-(duh..duh..DUH!) ❋ Gazetteer (2010)

1237…[wacha] got out there? 1237…its going to be a [domestic burglary], the complainant doesn’t know the offenders name, but they are in a [replationship]. ❋ Domestic Burglary (2020)

«I was just trying to enjoy my [taco] and all the sudden I was [caught up] in a Roadside [Taco] Burglary. It was a [close call]!» ❋ Austin The Drummer (2014)

[This man] is [going to jail] for [country burglary] ❋ Amazonmacaw222 (2020)

Other forms: burglaries

A burglary is committed when a person breaks into a building with the intent of committing a crime, especially if the crime is to steal valuable items.

What’s the difference between burglary and robbery? In a burglary, the criminal has to enter the building or structure illegally (breaking and entering), and the victim of the theft is unlikely to have contact with the burglar — or to even know about the theft until after the burglar is gone. In a robbery, however, a victim has to be present, and the criminal commits the crime by using violence or threatening the victim with violence.

Definitions of burglary

  1. noun

    entering a building unlawfully with intent to commit a felony or to steal valuable property

DISCLAIMER: These example sentences appear in various news sources and books to reflect the usage of the word ‘burglary’.
Views expressed in the examples do not represent the opinion of Vocabulary.com or its editors.
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