Modern Day Burglary Essay

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In the past, according to the online Wikipedia encyclopedia, the common law definition of burglary, was breaking and entering of the dwelling of another at night with an intent to commit a felony therein. In the present, according to criminal.findlaw.com, the modern common law definition of burglary, is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. The Criminal law hand book written by Paul Bergman and Sara Berman states that the law has changed because burglary laws were more rigid, and they required the government to prove that a defendant at night forced open a door, a window, or some other part of a building to gain entry before it was called burglary. Unlike the present, going into a building any time of the day without consent through an open window or an unlocked door constitutes a break and entry for purposes of almost all burglary statutes. Even a partial entry can constitute a burglary.
An example of a modern day burglary could be Dave enters Sam's boathouse through an open window, intending to …show more content…

Trespasser (Dave enters without permission from Sam).
4. Actual offense (Dave enters boathouse to steal Sam’s boat).
There are two mens rea elements of burglary example.
1. Intention to commit an offense (Dave entering boat house without permission to steal Sam’s boat).
2. Intention/recklessness as to trespass (Dave enters through open window without Sam’s permission).
In some states, there is a schedule of degrees for burglary which determine the severity and sentencing of the crime. Offenses involving the use of weapons or injury to a person not involved in the burglary are examples of first-degree burglary. Third degree burglary is committed when the accused knowingly and unlawfully entered a structure with the intent to commit a

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